Shailendra Kumar @ Gabbar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80854 of 2023 Arising Out of PS. Case No.-143 Year-2023 Thana- GOVINDPUR District- Nawada ====================================================== SHAILENDRA KUMAR @ GABBAR Son of Dinesh Yadav R/o vill - Sarkanda, P.S. - Govindpur, Distt. - Nawada ... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deepak Kumar For the Opposite Party/s :
Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379, 411, 414 of the Indian Penal Code.
Prosecution case relates to theft of a Bajaj Motorcycle bearing registration no. JH03s-2724 r egistered in the name of Ashwini Kumar, which was parked in front of the office of the informant.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR not put on TIP. There is no eye witness of the alleged occurrence. After a hot altercation with the villagers of Govindpur, they handed him over to the
Patna High Court CR. MISC. No.80854 of 2023(2) dt.14-12-2023 2/2 police station along with one another motorcycle bearing Registration No. BR27S-6033. Police forcefully recorded his statement in which he confessed his guilt in respect of stolen motorcycle. This case is triable by learned judicial magistrate. Petitioner is languishing in judicial custody since 23.09.2023. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail after framing of charge 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 SDJM, Nawada in connection with Govindpur PS Case No. 143 of 2023.
(Sunil Kumar Panwar, J) sushma/- U