Rakesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23662 of 2024 Arising Out of PS. Case No.-445 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== 1.

RAKESH SAH S/O- DEEPLAL SAH R/O- VILLAGE- RAMNAGAR, P.S.- RIGA, DIST.- SITAMARHI.

2.

PAWAN KUMAR S/O- GOPAL PASWAN R/O- VILLAGE- RAMNAGAR, P.S.- RIGA, DIST.- SITAMARHI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-04-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seeks regular bail in connection with Runisaidpur P.S. Case No. 445 of 2023 registered on 01.09.2023 lodged under Sections 379 of the I.P.C.

3. As per the prosecution case, F.I.R. has been lodged against unknown accused persons to whom there is an allegation that they have stolen the motorcycle of the informant.

4. Counsel for the petitioners submits that petitioner is innocent and has committed no offence. He submits that the name of the petitioners have been figured in this case during the investigation. Police has remanded the petitioners in the present

Patna High Court CR. MISC. No.23662 of 2024(2) dt.04-04-2024 2/3 case on the ground that the motorcycle which was subject to theft has been recovered from petitioners possession for which another case has been lodged. Counsel submits that for the same event, other cases were also lodged but in the present case, name of the petitioners were inserted by the police. He further submits that petitioners are in custody since 07.10.2023. Petitioner No. 1 is having three criminal case pending against him, in which he is on bail and petitioner No. 2 has two criminal antecedents in which he is on bail. Counsel further submits that the section in which offence has been committed is triable by Magistrate.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail after framing of charge if not framed yet and on being satisfied by the trial Court that he is not absconding in any of the criminal cases pending against him which are mentioned below and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sitamarhi in connection with Runisaidpur

Patna High Court CR. MISC. No.23662 of 2024(2) dt.04-04-2024 3/3 P.S. Case No. 445 of 2023, subject to the following conditions as well as the conditions laid down under Section 437 (3) of the Cr.P.C.

• Sonbarsa P.S. Case No. 222/2023. (Petitioner No. 1) • Sonbarsa P.S. Case No. 231/2022. (Petitioner No. 1) • Kanhauli P.S. Case No. 143/2023. (Petitioner No. 1) • Sonbarsa P.S. Case No. 231 of 2023. (Petitioner No. 2) • Kanhauli P.S. Case No. 143/2023. (Petitioner No. 2) (Dr. Anshuman, J) Sunnykr/- U