Patna High CourtCR. MISC./83869/2023allowed

Rahul Kumar v. The State Of Bihar

2024-01-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83869 of 2023 Arising Out of PS. Case No.-510 Year-2023 Thana- NAGAR District- Vaishali ====================================================== Rahul Kumar S/O Om Prakash Yadav R/O Village- Bhasani Tola, P.SMalsalami, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 413, 414/34 of the Indian Penal Code. It is alleged that petitioner was apprehended along with co-accused Santosh Kumar by the police with stolen motorcycle.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. No theft article was recovered from the conscious possession of the

Patna High Court CR. MISC. No.83869 of 2023(2) dt.08-01-2024 2/2 petitioner nor there is any complaint regarding missing of motorcycle. The petitioner is languishing in custody since 07.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail after framing of charge, if the charge has still not been framed and on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Hajipur at Vaishali in connection with Hajipur Town P.S. Case No. 510 of 2023.

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