Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17847 of 2022 Arising Out of PS. Case No.-415 Year-2021 Thana- TRIVENIGANJ District- Supaul ====================================================== BITTU KUMAR S/o Hari Paswan Resident of Village- Jirawa Madhali, P.S.- Shankarpur, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Bhushan Kumar, Advocate For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 31-08-2022 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 Triveniganj P. S. Case No. 415 of 2021 registered for the offence under Sections 414, 420, 468 and 34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 19.12.2021.

The allegation against the petitioner is to assist in concealment of stolen motorcycle along with other co-accused persons after changing engine number and registration number. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.17847 of 2022(3) dt.31-08-2022 2/3 submitted that entire prosecution is initiated on the basis of self confession of this petitioner, where alleged recovery was made by private person, who is the informant in this case. It is also submitted that informant with collusion of local police, implicated petitioner in present false case. It is also submitted that if version of FIR be accepted on its face, it appears that recovery of motorcycle were not made from possession of the petitioner. It is also submitted that petitioner is a man of clean antecedent. While concluding the argument, it has been submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded the fact that alleged motorcycle were recovered from private person, who is none, but the informant. Considering the facts and circumstances as mentioned above, as recovery of motorcycle was not made from possession of the petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Triveniganj P. S. Case No. 415 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

Patna High Court CR. MISC. No.17847 of 2022(3) dt.31-08-2022 3/3 two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Supaul/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

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