Lakshman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80584 of 2023 Arising Out of PS. Case No.-503 Year-2023 Thana- HILSA District- Nalanda ====================================================== Lakshman Kumar Son Of Shiv Dutt Prasad @ Shivdutta Prasad R/O VillageHilsa, Mai, P.S.- Hilsa, District- Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Verma For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== 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 379, 411/34 of the Indian Penal Code.

3. As per allegation in the FIR, on 7.8.2023 when the informant woke up in the morning he found his pick-up van missing and it is suspected that some unknown person has stolen the vehicle. It is further stated alleged GPS was installed in the alleged vehicle, which was showing that vehicle is in the area of Korawa under Chiksaura Police Station.

4. 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. Alleged

Patna High Court CR. MISC. No.80584 of 2023(3) dt.09-01-2024 2/2 vehicle was seized from near Okari Bazaar and three persons including the petitioner was sitting inside and the same was being driven by accused Chandan Kumar. Petitioner has taken lift because of non-availability of bus service and in the meantime he was arrested with other accused persons. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioner is languishing in judicial custody since 7.8.2023.

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, 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 A.C.J.M.-1, Hilsa, Nalanda in connection with Hilsa P.S. Case No. 503 of 2023. (Sunil Kumar Panwar, J) sushma/- U