Sujeev Kumar Das @ Sujeet Kumar @ Sujeet Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19988 of 2024 Arising Out of PS. Case No.-125 Year-2023 Thana- BELCHHI District- Patna ====================================================== Sujeev Kumar Das @ Sujeet Kumar @ Sujeet Das Son of Ram Eqawal Das Resident of village - Udaipur, Police Station - Gaurichak, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyamal Prakash, Adv.

For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Belchhi P.S. Case No. 125 of 2023 instituted for the offences under Section 379 of the Indian Penal Code and subsequently, Section 414 of the I.P.C. has been added.

3. As per prosecution case, the police has recovered stolen motorcycle from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating

Patna High Court CR. MISC. No.19988 of 2024(2) dt.22-03-2024 2/3 has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. and on the basis of confessional statement of the co-accused Vinod Das, he has been arrested. There is no direct or indirect material showing involvement of the petitioner in the present case. There is also no eye-witness to the occurrence. Charge-sheet has already been submitted against the petitioner. The petitioner has no concern with the seized motorcycle. The petitioner has one criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 03.11.2023.

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

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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

Patna High Court CR. MISC. No.19988 of 2024(2) dt.22-03-2024 3/3 of Court below/concerned Court in connection with Belchhi P.S. Case No. 125 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T