Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73499 of 2019 Arising Out of PS. Case No.-134 Year-2019 Thana- MAHNAR District- Vaishali ====================================================== AMIT KUMAR, Male, Male, aged about 22 years, Son of Shankar Bhagat, Resident of Village - Murauwatpur, Ward No. -9, P.O.- Mahnar, P.S.- Desari, District- Vaishali, Pin-844506.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Dharmendra Kumar Paswan, Advocate.

For the Opposite Party :

Mr.Pradeep Narain Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Section 379 of the IPC.

The prosecution story, in brief, is that on 24.04.2019 at about 10 P.M. in the night, the Motorcycle of the informant was stolen away by unknown miscreants.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 29.06.2019. The petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. Charge sheet has been submitted in the present case. The petitioner is not named in the

Patna High Court CR. MISC. No.73499 of 2019(2) dt.18-11-2019 2/2 F.I.R. The name of the petitioner has come in the present case as one Motorcycle is said to have been recovered appears to be a stolen property. The petitioner had no knowledge that the Motorcycle in question is a stolen property. The petitioner has wrongly been remanded in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Vaishali at Hajipur, in connection with Mahnar P.S. Case No. 134 of 2019.

(Sudhir Singh, J) U.K./- U T