Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82371 of 2023 Arising Out of PS. Case No.-320 Year-2023 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Jitendra Kumar S/o Late Vakil Rai R/o Village-Chehriyan, P.S-Durgawati, District-Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhash, Advocate For the Opposite Party/s :

Mr. Shashtri, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner is an accused in connection with Durgawati P.S. Case No.320 of 2023 registered under Section 414 of the I.P.C.

3. The allegation against the petitioner is that he was arrested with one stolen motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The recovered motorcycle was standing on the road and on suspicion, the police arrested the petitioner. There is no compliance of mandatory provision of Section 100 of the Cr.P.C. The petitioner has one criminal antecedent of Excise Act in which he is on bail. The petitioner is in custody since

Patna High Court CR. MISC. No.82371 of 2023(2) dt.10-01-2024 2/2 23.09.2023.

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

6. Having considered the above facts and circumstances of the case as well as the submissions advanced on behalf of the parties, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Kaimur at Bhabua in connection with Durgawati P.S. Case No.320 of 2023.

(Sunil Dutta Mishra, J) Harish/- U T