Patna High CourtCR. MISC./44637/2018disposal with observation

Tuntun Paswan v. The State Of Bihar

2018-09-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44637 of 2018 Arising Out of PS.Case No. -261 Year- 2015 Thana -BRAHMPURA District- MUZAFFARPUR ======================================================

1. Tuntun Paswan Son of Nageshwar Paswan Resident of Village- Afjalpur, P.S. Vaishali (Belsar O.P.), District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Ranjan No.Ii For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2018 The petitioner is in custody since 16.06.2018 in connection with Brahampura P.S. Case No. 261 of 2015, registered for offences punishable under Sections 413, 414/34 of the Indian Penal Code.

Allegation against the petitioner is of recovery of stolen motorcycle from his house.

It has been submitted on behalf of the petitioner that he has falsely been made accused in his case and has no criminal antecedent and other co-accused has already been enlarged on bail by the court below itself and petitioner has been in judicial custody since 16.06.2018.

Heard learned A.P.P. also.

Considering the aforementioned facts and circumstances,

Patna High Court Cr.Misc. No.44637 of 2018 (3) dt.05-09-2018 2/2 at this stage, I am not inclined to enlarge the petitioner on bail rather this application is disposed of with direction to the court below to release the petitioner on bail after framing of charge in this case.

(Vinod Kumar Sinha, J) sunil/- U T