Aakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24093 of 2024 Arising Out of PS. Case No.-701 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== Aakash Kumar Son of Ram Pratap Sah @ Ram Pratab Sah Resident of Village- Bhangaha, P.S.- Jharokhar (Ghorasahan), Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Ghorasahan P.S. Case No. 701 of 2023 registered for the offence under Section 379 of the IPC and later on 414 of the IPC was added.

3. It is a case of theft of motorcycle bearing registration No. BR-05-V-0934.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioner.

5. However, learned APP for the State vehemently

Patna High Court CR. MISC. No.24093 of 2024(2) dt.04-04-2024 2/3 opposed the prayer for regular bail.

6. On perusal of the FIR, seizure list and impugned order dated 01-02-2024, it appears that on the basis of written report of the informant Mithlesh Ram FIR was registered under Section 379 of the IPC and during investigation Section 414 of IPC was added in the FIR. During the course of investigation stolen motorcycle bearing registration No. BR05V0934 chasis No. MD2A76AZ7GRG70809 Engine No. PFZRGG45326 recovered from the possession of the petitioner but the petitioner has no criminal antecedent as stated in paragraph 3 of the application and he is in custody since 10.12.2023. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Chief Judicial Magistrate, Sikarhna at Dhaka, East Champaran in connection with Ghorasahan P.S. Case No. 701 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not

Patna High Court CR. MISC. No.24093 of 2024(2) dt.04-04-2024 3/3 been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of proceeding of framing of charge.

(Ramesh Chand Malviya, J) saurabhkr/- U T