Biran Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83949 of 2024 Arising Out of PS. Case No.-45 Year-2024 Thana- Manuapul District- West Champaran ====================================================== Biran Kumar Son of Lalan Prasad Village- Khairatiya, Ps- Manuapul, DistWest Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Manuapul P.S. Case No. 45 of 2024 instituted for the offences under Sections 413 and 414 of the Indian Penal Code.

3. As per prosecution case, during vehicle-checking, the petitioner has been apprehended by the police with the stolen motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case with false and frivolous allegations. The petitioner has not committed any offence as alleged in the F.I.R. He further submits that actually the petitioner had taken lift from the coaccused Ajit Patel and had no knowledge that the alleged motorcycle was stolen one. The petitioner has no concern with

Patna High Court CR. MISC. No.83949 of 2024(3) dt.25-02-2025 2/2 the alleged motorcycle. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has two criminal antecedents and, in both of them, he is on bail and is languishing in judicial custody since 09.05.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Manuapul P.S. Case No. 45 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T