Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81616 of 2024 Arising Out of PS. Case No.-138 Year-2024 Thana- MITHANPURA District- Muzaffarpur ====================================================== Raju Kumar Son of Ashok Kumar @ Ashok Mahato Resident of Mohalla - Rambagh Chauri, P.S. - Mithanpura, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mithanpura P.S. Case No. 138 of 2024 instituted for the offences under Sections 413, 414 of the Indian Penal Code.

3. Prosecution case, in short, is that, police during patrolling, apprehended one accused person (petitioner) with a motorcycle whereas one accused person managed to flee away. This petitioner failed to produce valid documents in support of the seized motorcycle.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.81616 of 2024(2) dt.03-12-2024 2/2 possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the motorcycle which has been recovered from the roadside and, as a matter of fact, this petitioner was just a passerby and police team apprehended him and implicated in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.05.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Mithanpura P.S. Case No. 138 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T