Patna High CourtCR. MISC./3610/2024bail granted

Lalu Kumar @ Lalu Kumar Singh v. The State Of Bihar

2024-01-29Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3610 of 2024 Arising Out of PS. Case No.-69 Year-2023 Thana- PASRAHA District- Khagaria ====================================================== Lalu Kumar @ Lalu Kumar Singh son of Late Nageshwar Singh Resident of Village Navtolia, P.S.- Gopalpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Pasraha P.S. case No. 69 of 2023 instituted for the offences under Section 379 of the Indian Penal Code.

3. Prosecution allegation, in short, is that the motorcycle of the informant was stolen by unknown person.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.05.2023 and has one criminal antecedent. The petitioner is not named in the FIR. The petitioner is innocent and has falsely been implicated in the present case merely on suspicion. No specific overt act is alleged against the petitioner. The said motorcycle was

Patna High Court CR. MISC. No.3610 of 2024(2) dt.29-01-2024 2/2 recovered from the joint possession of the petitioner and coaccused Gaurav Kumar. Learned counsel further submitted that petitioner was a pillion rider and was fully unaware about the fact that the said motorcycle was a stolen one. Learned counsel also submitted that the petitioner has no concern with the motorcycle in question.

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

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. 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 Pasraha P.S. case No. 69 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T