Rajnish Kumar @ Pushpesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79196 of 2023 Arising Out of PS. Case No.-111 Year-2022 Thana- BEERPUR District- Begusarai ====================================================== Rajnish Kumar @ Pushpesh Kumar S/O Late Bhola Singh R/O VillageBirpur Paschim Ward No.-8, P.S- Birpur, Distt.- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arjun Prasad For the Opposite Party/s :
Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 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 379 and 411 of the Indian Penal Code.
3. It is a case of theft of motorcycle of the informant bearing Registration No. BR-09AJ-9967.
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 merely on the basis of suspicion. He was not arrested on spot and his name surfaced in this case on the instigation of informant who has inimical term with him. Nothing has been recovered from his possession rather the alleged motorcycle said
Patna High Court CR. MISC. No.79196 of 2023(2) dt.07-12-2023 2/2 to have been recovered from the house of other co-accused Ramanand. The other co-accused persons have already been granted bail by another co-ordinate Bench of this Court vide order dated 26.04.2023 passed in Cr. Misc. No. 63437 of 2022. Moreover, the petitioner is languishing in judicial custody since 25.08.2023.
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 J.M. 1st Class, Begusarai in connection with Birpur P.S. Case No.111 of 2022. (Sunil Kumar Panwar, J) lata/- U T