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Patna High CourtCR. MISC./77428/2024allowed

Rajveer Kumar Paswan v. The State Of Bihar

2024-11-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77428 of 2024 Arising Out of PS. Case No.-74 Year-2024 Thana- HULASGANJ District- Jehanabad ====================================================== Rajveer Kumar Paswan S/o Prithvi Kumar Paswan R/o Ward No. 8, P.S.- Barachatti, Distt.- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Adv.

:

Ms. Priyanka Singh, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2024 Heard learned senior counsel for the petitioner and learned Additional Public Prosecutor for the State. 2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 379 of IPC.

3.

Allegation against the petitioner is that he had stolen the vehicle purchased by the informant from Poonam Kumari Paswan, the mother of the petitioner.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that owner of the vehicle is Poonam Kumari Paswan, the mother of the petitioner. He was not present at the house of the informant.

Patna High Court CR. MISC. No.77428 of 2024(2) dt.14-11-2024 2/2 It is also submitted that the occurrence took place on 29.02.2024 but FIR was filed on 19.03.2024 i.e after the delay of 18 days and there is no explanation of delay. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, and the fact that since the motorcylce belongs to the mother of the petitioner, therefore, no offence under section 379 is made out against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Hulasganj P.S. Case No.74 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) priyanka/- U T