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Patna High CourtCR. MISC./77950/2023allowed

Raja Kumar v. The State Of Bihar

2023-12-06Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77950 of 2023 Arising Out of PS. Case No.-168 Year-2023 Thana- CHAUTHAM District- Khagaria ====================================================== RAJA KUMAR Son of Shri Subodh Paswan Resident of village - Bakiya (Paswan Tola), P.S. - Chautham, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 379 of the Indian Penal Code.

As per allegation in the FIR, some unknown thieves have stolen motorcycles from the parking yard of informant.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Petitioner is

Patna High Court CR. MISC. No.77950 of 2023(2) dt.06-12-2023 2/3 not named in F.I.R. During the course of investigation the alleged motorcycle has been recovered from the campus of the petitioner. The petitioner has neither thef the aforesaid motorcycle nor anyone has claimed the same. There is no independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 22.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail after framing of charge, if not framed in connection with Chautham P.S. Case No. 168 of 2023 on furnishing bail

Patna High Court CR. MISC. No.77950 of 2023(2) dt.06-12-2023 3/3 bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Khagaria. (Sunil Kumar Panwar, J) Nirajkrs/- U T