Arbind Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77125 of 2023 Arising Out of PS. Case No.-289 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== ARBIND KUSHWAHA SON OF LATE DHARMDEO SINGH RESIDENT OF VILLAGE - KUSHAUDHI, P.S. - MIRGANJ, DISTRICT - GOPALGANJ ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vyas Kumar Mishra For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 413, 414, 420, 467, 468, 471/34 of the Indian Penal Code.

3. As per prosecution case, on raid being conducted several stolen motorcycles were recovered from the possession of accused persons. Allegation against this petitioner is of preparing forged and fabricated documents in respect of motorcycles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner was not

Patna High Court CR. MISC. No.77125 of 2023(3) dt.27-02-2024 2/2 apprehended on spot. No any stolen motorcycle has been recovered from his conscious possession. His name was disclosed by co-accused persons who were apprehended on spot. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 28.7.2023. Other co-accused Sonu Kumar Singh has already been granted bail by co-ordinate Bench of this Court vide order dt. 18.10.2023 passed in Cr. Misc. No. 66055/2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mirganj P.S. Case No. 289 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gopalganj.

(Sunil Kumar Panwar, J) Amandeep/- U T