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Patna High CourtCR. MISC./83503/2023allowed

Sujeet Kumar v. The State Of Bihar

2024-01-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83503 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- ROHTAS District- Rohtas ====================================================== SUJEET KUMAR Son of Rajbali Kumar Bind @ Raj Bali Bind R/o vill - Bhadokhara, P.S. - Darigaon (Sasaram), Distt. - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta For the Opposite Party/s :

Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 379 of the Indian Penal Code.

As per allegation in the FIR, informant on 17.2.2023 went to his poultry farm parking his TVS Apache motorcycle outside. When he returned from farm, he found his motorcycle missing. ON search, he could not find his motorcycle then the present FIR against un-known.

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 nor put on TIP. Registration number of theft motorcycle in the present case is BR24X0193,

Patna High Court CR. MISC. No.83503 of 2023(2) dt.04-01-2024 2/2 whereas, motorcycle bearing Reg. no. BR24T5623 was recovered from the possession of the petitioner for which Sasaram (Darigaon) P.S. Case No. 633 of 2023 was registered against the petitioner in which petitioner was granted bail. Signature of the petitioner does not tally with the signature on the seizure list of the present case. Petitioner remanded in this case on 18.8.2023 from another case and since then he is in jail. The application for bail is opposed by learned APP for the State.

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 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 Judicial Magistrate 1st Class, Dehri-on-Sone, Rohtas in connection with Rohtas (Amjhara) P.S. Case No. 40 of 2023.

(Sunil Kumar Panwar, J) sushma/- U