Patna High CourtCR. MISC./84453/2023allowed

Bigu Kumar v. The State Of Bihar

2024-01-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84453 of 2023 Arising Out of PS. Case No.-429 Year-2023 Thana- DHAKA District- East Champaran ====================================================== Bigu Kumar S/O Mahendra Ram R/O Vill - Balua Guabari, P.S. - Kudwachainpur, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular 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 co-accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern with the alleged motorcycles. Nothing has been recovered from the conscious possession of the petitioner. There is no independent witness of the seizure list rather they are police personnel which violates the provision of Section 100 Cr.P.C. Similarly situated

Patna High Court CR. MISC. No.84453 of 2023(2) dt.09-01-2024 2/2 other co-accused person has already been granted bail by this Court vide order dated 30.11.2023 in Cr. Misc. No. 76274 of 2023. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 27.07.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dhaka P.S. Case No. 429 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sikrahana at Dhaka, East Champaran. (Sunil Kumar Panwar, J) shubham/- U T