Jitendra Kumar @ Jitender Kumar @ Yaneder @ Yogesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86647 of 2023 Arising Out of PS. Case No.-345 Year-2023 Thana- KATORIYA District- Banka ====================================================== Jitendra Kumar @ Jitender Kumar @ Yaneder @ Yogesh S/O- Jaynath Yadav R/O- Village- Sihuliya, P.S.- Katoria, Dist.- Banka ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Praveen Kumar, Advocate For the State :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Katoriya P.S. Case No. 345 of 2023 instituted for the offence under Sections 379 of the Indian Penal Code (for brevity 'IPC'), and subsequently, Sections 411 and 414 of the IPC was added. 3.

Prosecution case in short is that two unknown persons, on 02-10-2023, have committed theft of the informant's motorcycle, which was parked in his clinic situated at the Banka Road.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 04-10-2023. Petitioner is stated to be man of clean antecedents.

Patna High Court CR. MISC. No.86647 of 2023(2) dt.19-01-2024 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted by the petitioner's counsel that one 'Sonu Kumar' had kept the motorcycle at the house of the petitioner on request, and petitioner was unaware of the fact that the motorcycle was stolen property. Petitioner's counsel further submits that charge sheet has already been submitted in this case and investigation is also complete.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and clean antecedent, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner 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 Katoriya P.S. Case No. 345 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T