Jitendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10444 of 2025 Arising Out of PS. Case No.-537 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Jitendra Ram S/o Gaya Ram R/o Vill-Dhekaha Naika Tola, P.S-Muffasil, DistEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Muffasil P.S. Case No. 537 of 2024 instituted for the offence under Sections 317(5), 318(4), 338 & 336(3) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case in short is that petitioner was caught by the police with stolen motorcycle.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10-11-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.10444 of 2025(2) dt.03-03-2025 2/2 counsel that petitioner has been falsely implicated in the present case. No incriminating article has been recovered from the possession of the petitioner. It is submitted that from perusal of the FIR, it would reveal that stolen motorcycle was recovered in Dhekaha Bazar, but the seizure list was prepared in the boundary of Muffasil Police Station. There is no compliance of Section 103 of the BNSS, 2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, nature of accusation and manner of petitioner's implication, this Court is inclined to grant bail to the petitioner.

8.

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 Muffasil P.S. Case No. 537 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T