Krishan Kumar @ Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85401 of 2024 Arising Out of PS. Case No.-270 Year-2024 Thana- BIBHUTIPUR District- Samastipur ====================================================== Krishan Kumar @ Krishna Kumar S/O Late Ram Babu Thakur R/O Village -- Samartha, Police Station - Bibhutipur, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap, Adv.

For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bibhutipur P.S. Case No. 270 of 2024 dated 25.08.2024 registered for the offences punishable u/s 317(5) of the Bhartiya Nyaya Sanhita.

3. As per the prosecution case, the petitioner and the co-accused person were apprehended with the stolen Electrical Motor.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the

Patna High Court CR. MISC. No.85401 of 2024(2) dt.18-01-2025 2/2 petitioner is a farmer and after irrigating his agricultural land, the petitioner was returning towards his village along with his electric motor and merely on suspicion, the petitioner has been made accused in the present case. Learned counsel has further submitted that the seized electric motor is quite old and the purchase receipt is not available and due to which, the petitioner could not produce the document for the seized electric motor. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.08.2024.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Rosera, Samastipur in connection with Bibhutipur P.S. Case No. 270 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T