Rambhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76274 of 2023 Arising Out of PS. Case No.-429 Year-2023 Thana- DHAKA District- East Champaran ====================================================== RAMBHU KUMAR Son of Rajkumar Paswan R/o vill - Birta Tola Gurhanwa, P.S. - Kundwachainpur, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 413, 414 and 34 of the Indian Penal Code.

3. It is a case of recovery of stolen motorcycles from the petitioner along with other accused persons.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case on suspicion. He has no concern with the alleged motorcycles. In fact, the petitioner was going to purchase the medicine and co-accused Dinesh Paswan gave him lift on alleged motorcycle and in the meantime he was arrested by

Patna High Court CR. MISC. No.76274 of 2023(2) dt.30-11-2023 2/2 police. Nothing incriminating article has been recovered form his conscious possession. Provision of Section 100 Cr.P.C. has not been followed by the police personnel while preparing the seizure list. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 27.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Dhaka P.S. Case No. 429 of 2023.

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