Patna High CourtCR. MISC./9034/2024bail granted

Jitan Sah v. The State Of Bihar

2024-02-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9034 of 2024 Arising Out of PS. Case No.-439 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== Jitan Sah S/O Late Mohan Sah R/O Village- Patpariya, P.S- Kalyanpur, Distt.- East Champaran.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mrs.Rashmi Jha, Advocate For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Kalyanpur P.S. case No. 439 of 2023 instituted for the offences under Sections 411, 413 and 414 of the Indian Penal Code.

3. Prosecution allegation, in short, is that, on search made by the police, several parts of motorcycles were recovered from his house of the petitioner. Further allegation is made that the accused persons sold stolen motorcycle to the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. The petitioner has got no concern with the looted motorcycles. In

Patna High Court CR. MISC. No.9034 of 2024(2) dt.20-02-2024 2/2 fact the petitioner deals in scrap business. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has been implicated in this case only on the basis of suspicion. The petitioner has no knowledge that the recovered articles were stolen one. The petitioner is in custody since 08.12.2023 and has one criminal antecedent.

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 Kalyanpur P.S. case No. 439 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T