Rakesh Kumar @ Rakesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24014 of 2021 Arising Out of PS. Case No.-522 Year-2020 Thana- BARACHATTI District- Gaya ====================================================== RAKESH KUMAR @ RAKESH YADAV S/o Mahavir Yadav R/o villageBara, P.S.- Mohanpur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-01-2022 Heard Mr. Sudhir Kumar Sinha, learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Barachatti (Mohanpur) P.S. Case No. 522 of 2020 dated 28.08.2020 instituted for the offence under Section 414 of the Indian Penal Code. On secret information that the petitioner is riding a stolen motorcycle, a raid was conducted. A motorcycle is said to have been recovered from near the house of the petitioner. Assuming it to be a stolen motorcycle, the aforesaid case has been registered under Section 414 IPC.

Learned counsel for the petitioner has submitted that the recovery is from near the house of

Patna High Court CR. MISC. No.24014 of 2021(2) dt.13-01-2022 2/2 the petitoner but such recovery cannot be said to be from the constructive possession of the petitioner. There is nothing on record to indicate that the vehicle in question is a stolen property. However, the petitioner is not making any statement regarding the same, as he does not own the motorcycle.

Apart from this, it has been stated that the petitioner does not have criminal antecedents and his implication in this case is only on the basis of suspicion harboured by the local police.

Considering the aforenoted submissions, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Barachatti (Mohanpur) P.S. Case No. 522 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T