Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77779 of 2024 Arising Out of PS. Case No.-155 Year-2023 Thana- MORKAHI District- Khagaria ====================================================== Bittu Kumar Son of Pawan Mahto Resident of Village - Chakka, P.S. - Nawkothi, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Morkahi P.S. Case No. 155 of 2023 instituted for the offences under Sections 414, 34 of the Indian Penal Code.

3. Prosecution case, in short, is that, from the house of the co-accused Gulab Singh, one motorcycle was recovered and he failed to produce valid documents regarding the same. It is further alleged that this petitioner gave the motorcycle in question to the co-accused Gulab Singh.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner transpired in this case on the basis of

Patna High Court CR. MISC. No.77779 of 2024(2) dt.28-10-2024 2/2 confessional statement of the co-accused Gulab Singh. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery of the said motorcycle has been made from the co-accused Gulab Singh. Learned counsel further submitted that petitioner has got no concern with the motorcycle in question. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.05.2024 and has two criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Morkahi P.S. Case No. 155 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T