Patna High CourtCR. MISC./85629/2023allowed

Ayush Kumar v. The State Of Bihar

2024-01-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85629 of 2023 Arising Out of PS. Case No.-107 Year-2023 Thana- MAIN P.S. District- Gaya ====================================================== Ayush Kumar Son of Sahdeo Yadav R/o vill - Thanapur, P.S. - Alipur, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail registered under section 379, 411, 413, 414, 120B and 34 of the Indian Penal Code.

Prosecution case relates to recovery of one stolen motorcycle from the possession of co-accused persons and they also confessed name of this petitioner as their associates. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. Nothing stolen article has been recovered from the conscious possession of the petitioner rather the stolen motorcycle has been recovered from co-

Patna High Court CR. MISC. No.85629 of 2023(2) dt.15-01-2024 2/2 accused person. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 08.09.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Men P.S. Case No. 107 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 2nd, Gaya.

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