Rajesh Kumar Das @ Rajesh Kumar Dash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.294 of 2024 Arising Out of PS. Case No.-470 Year-2023 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Rajesh Kumar Das @ Rajesh Kumar Dash S/o Late Madan Das @ Late Madan Dash Resident of Village- Chhatauna Police Station-Samastipur (M), District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-01-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Samastipur (M) P.S. Case No.470 of 2023 registered for the offence under Section 379 of the Indian Penal Code and later on Section 411 of the Indian Penal Code has been added. 3.

The allegation against the petitioner is to have stolen vehicle of the informant along with other coaccused person. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It has been submitted that

Patna High Court CR. MISC. No.294 of 2024(2) dt.19-01-2024 2/2 nothing and has been recovered from the possession of the petitioner, rather the alleged vehicle has been recovered from Garej of Pravej Alam. It has also been submitted that allegation as regard to offence under Sections 379 and 411 of the Indian Penal Code against this petitioner are compoundable in nature and certified copy of the compromise has filed before learned Sessions Judge, Samastipur duly signed by the informant, namely, Pankaj Kumar Giri. It has been submitted that the petitioner is a man of clean antecedent and he is in custody since 20.10.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and the alleged vehicle has not been recovered from the possession of this petitioner, let the petitioner, above named, is directed to be released on bail in connection with Samastipur (M) P.S. Case No.470 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 learned Judicial Magistrate, 1st Class, Samastipur. (Ramesh Chand Malviya, J) S.Katyayan/- U T