Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.968 of 2024 Arising Out of PS. Case No.-659 Year-2023 Thana- RAMPUR District- Gaya ====================================================== 1.

Raj Kumar Son Of Parmeshwar Yadav R/O Village- Jorhi, P.S.- Tekari, Dist.- Gaya 2.

Saket Kumar @ Laddu Kumar @ Dilip Kumar Son Of Dinesh Yadav @ Ramashish Yadav R/O Village- Chamandih, P.S.- Chakand, Dist.- Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Syed Asgher Najmi For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail registered under section 414, 420, 467, 468, 34 of the Indian Penal Code.

As per FIR, the petitioners and co-accused person were apprehended on the spot along with a splendor motorcycle and they did not provide any valid documents regarding vehicle. Thereafter, it came into light that the motorcycle is registered in the name of one Anil Kumar, then he was contacted by the police officials, and he disclosed that his motorcycle was stolen by unknown persons and he had lodged an FIR for the alleged

Patna High Court CR. MISC. No.968 of 2024(2) dt.24-01-2024 2/3 motorcycle.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. Police officials have not stated that the petitioners are driver of the alleged vehicle because they had merely taken lift from co-accused person. The petitioners have no concern with the alleged recovery rather they have been made accused in this case due to high handedness of the police officials. It is further submitted that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 23.10.2023. This case is triable by learned Judicial Magistrate.

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 petitioners, the Court is inclined to enlarge the petitioners on bail after framing of charge, if not framed. The above named petitioners are directed to be enlarged on bail in connection with Rampur P.S. Case No. 659 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.968 of 2024(2) dt.24-01-2024 3/3 satisfaction of the learned ACJM-IV, Gaya.

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