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Patna High CourtCR. MISC./10688/2024allowed

Deepu Kumar v. The State Of Bihar

2024-02-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10688 of 2024 Arising Out of PS. Case No.-90 Year-2023 Thana- MURAR District- Buxar ====================================================== Deepu Kumar Son Of Late Mangru Sonar @ Late Mangaru Prasad Resident Of Village And P.O.--Radhunathpur, P.S.- Brahampur, Distt- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nil Kamal For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 413 and 414 of the Indian Penal Code.

3. As per prosecution case, there has been recovery of one stolen motorcycle from the possession of the co-accused Vikash Kumar.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot. The name of the petitioner has come into light, on the basis of confessional statement of apprehended co-accused, which has got no evidentiary value in the eyes of law. No incriminating/

Patna High Court CR. MISC. No.10688 of 2024(2) dt.22-02-2024 2/2 stolen article has been recovered from the conscious possession of the petitioner. On the basis of suspicion, petitioner has been made accused in this case by the police. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 18.10.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M.-1st Class, Buxar in connection with Murar P.S. Case No. 90 of 2023.

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