Pintu Kumar Sharma @ Pintu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12461 of 2022 Arising Out of PS. Case No.-546 Year-2021 Thana- MUFFASIL District- West Champaran ====================================================== PINTU KUMAR SHARMA @ PINTU SHARMA S/O RAMJANAK SHARMA R/o village- Barwat Sena Godwa Tola, P.S.- Bettiah Mufassil, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Sinha 2, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Bettiah (M) P.S. Case No. 546 of 2021 registered for the offence under Sections 413, 414, 420, 467, 468 and 471 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 23.09.2021.

The allegation against the petitioner is to have in possession of stolen Scorpio vehicle bearing Registration No.BR01PG-6811 with too tempering/erases the Chasis number

Patna High Court CR. MISC. No.12461 of 2022(3) dt.27-07-2022 2/3 and engine number of the said vehicle.

Learned counsel appearing on behalf of the petitioner submitted that petitioner has falsely been implicated in the present case only for the reason, being the owner of the garage and nothing incriminating surfaced during course of the investigation, which may suggest that the petitioner was under knowledge of stolen Scorpio. It has further been submitted that alleged car was handed over to the petitioner by Lal Babu Sah, as per FIR, where registration certificate stands in the name of one Mohd. Sahnawaz Pravez and no statement of Mohd. Sahnawaz Pravez has been recorded during course of investigation. It has further been submitted that petitioner is a man of clean antecedent.

While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has already been submitted in this case, as such, there is no chance of tampering with the evidence. Learned APP, while opposing the prayer of bail, fairly conceded the fact that petitioner is owner of the garage.

Patna High Court CR. MISC. No.12461 of 2022(3) dt.27-07-2022 3/3 directed to be released on bail in connection with Bettiah (M) P.S. Case No. 546 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Bettiah West Champaran at Bettiah, subject to the following conditions: "(i) That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(iii) That one of the bailors shall be Deonath Mistry, who is the father-in-law of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) R.S.Sen/- U T