Om Prakash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14326 of 2024 Arising Out of PS. Case No.-618 Year-2023 Thana- CHANPATIA District- West Champaran ====================================================== Om Prakash Sah, aged about 40 years, Male Son of Late Ramchandra Sah, Resident of Village- Sofwa, Police Station- Shikarpur, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Chanpatia PS Case No. 618 of 2023 instituted for the offences punishable under Sections 379, 411 of the Indian Penal Code.

3. As per the prosecution case, accused persons including the petitioner theft the motorcycle of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. Petitioner is named in the FIR. He further submits that the petitioner has not arrested on the spot and nothing incriminating articles have been recovered from the conscious possession of the petitioner. Petitioner has

Patna High Court CR. MISC. No.14326 of 2024(2) dt.04-03-2024 2/3 confessed his guilt before the police which has got no evidenciary value in eye of law and hit by Section 25 of the Evidence Act. Petitioner is in custody since 04.10.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR, case diary, seizure list and impugned order of the learned Additional District and Sessions Judge-1st, Bettiah, West Champaran dated 12.01.2024, it appears that petitioner is named in the FIR, has falsely been implicated in this case and period of custody, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Chanpatia PS Case No.618 of 2023.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the

Patna High Court CR. MISC. No.14326 of 2024(2) dt.04-03-2024 3/3 proceeding of framing of charge. In absence of two consecutive dates of the petitioner without any reasonable ground the trial Court shall be at liberty to cancel the bail bond of the petitioner. (Ramesh Chand Malviya, J) Anand Kr.

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