Sajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1056 of 2024 Arising Out of PS. Case No.-229 Year-2023 Thana- BRAHMPURA District- Muzaffarpur ====================================================== Sajan Kumar SON OF Mahadev Bhagat Resident of village- Bachharpur PsDumra, DIST- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-01-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Brahmpura P.S. Case no.229 of 2023 registered under sections 401, 411, 413, 414 of the Indian Penal Code.

3. As per the prosecution case, the informant states that in course of checking, the accused persons who were on two motorcycles made an attempt to escape. Some of them fell down as a result of which two of the accused namely Md. Javed and Md. Faizal were caught while others managed to escape. It is stated that they confessed that they steal motorcycles and the same is sold in Nepal by this petitioner.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the

Patna High Court CR. MISC. No.1056 of 2024(2) dt.18-01-2024 2/2 case because of his antecedents. Neither he was arrested at the spot nor any incriminating article has been recovered from his possession. The only material against him is the statement of the coaccused made before the police. The petitioner is in custody since 25.9.2023 and chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR together with the petitioner neither having been arrested at the spot nor any incriminating article having been recovered from his possession, his being in custody since 25.9.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Brahmpura P.S. Case no. 229 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 Judicial Magistrate-1st Class, Muzaffarpur. (Partha Sarthy, J) Bibhash/- U T