This order grants regular bail to the petitioner accused of driving a stolen vehicle, punishable under IPC and M.V. Act, noting his clean antecedents and the allegations of false implication.
Petitioner is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3863 of 2020
Arising Out of PS. Case No.-281 Year-2019 Thana- ARWAL District- Jehanabad
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GAJENDRA KUMAR @ GOLU @ GOLU KUMAR Son of Chandra Bhushan Singh Resident of - Nayatola, Gauraiya Sthan, P.S.- Maner, Distt - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ghanshyam Tiwary For the Opposite Party/s : Mr.Raj Kishore Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 21-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Arwal P.S. Case No.281 of 2019 for the offence punishable under Sections 467, 468, 414/34 of the Indian Penal Code and Section 182A[iv] M.V. Act.
The allegation is regarding the vehicle in question being apprehended and upon the person driving the vehicle being asked to produce the registration documents, the same could not be produced, hence it is alleged that the vehicle being driven by the petitioner herein is a stolen vehicle. Further, a sum of Rs.92,000/- was recovered from the petitioner and a sum of Rs. 20,000/- was recovered from co-accused person, namely, Bhola
Patna High Court CR. MISC. No.3863 of 2020(2) dt.21-01-2020 2/2
Kumar.
The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. It is further submitted that the petitioner is having a clean antecedent and the petitioner is merely a driver of the said vehicle and he has got no complicity in the matter. The petitioner is languishing in custody since 4.9.2019.
Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner coupled with the fact that the petitioner is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.
Accordingly, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned C.J.M., Arwal in connection with Arqwal P.S. Case No. 281 of 2019.
(Mohit Kumar Shah, J)
Tiwary/-
U T
2 issues framed by the court
Whether the petitioner deserves release on regular bail in case regarding allegations of driving a stolen vehicle and cheating.
Whether factors of falsely implication, clean antecedent, and timeline in custody entitle the petitioner to bail.
2 provisions across 2 enactments
GAJENDRA KUMAR @ GOLU @ GOLU KUMAR
The State of Bihar
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
