Patna High CourtCR. MISC./84359/2023allowed

Chhotu Kumar v. The State Of Bihar

2024-01-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84359 of 2023 Arising Out of PS. Case No.-50 Year-2023 Thana- ALIPUR District- Gaya ====================================================== CHHOTU KUMAR S/O LATE MAHABIR YADAV R/O VILLAGEKOSHDIHRA, P.S- MAGADH MEDICAL, DISTT.- GAYA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 379 of the Indian Penal Code.

3. As per prosecution case, some unknown miscreants theft the tractor of the informant in front of his house.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. On the basis of confessional statement of the petitioner, the as alleged tractor has been recovered by the police. Nothing incriminating/looted articles have been recovered from the

Patna High Court CR. MISC. No.84359 of 2023(2) dt.05-01-2024 2/2 conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 04.08.2023.

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 after framing of charge, if not framed. 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, Gaya in connection with Alipur P.S. Case No. 50 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T