Raja Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19955 of 2025 Arising Out of PS. Case No.-304 Year-2024 Thana- RIGA District- Sitamarhi ====================================================== Raja Babu, Son of Ramnath Sah, Resident of Village- Riga Imli Bazar, Ward No. 13, P.S.- Riga, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-04-2025 Heard Mr. Ashok Kumar Jha, learned counsel for the Petitioner and Mr. Tapeshwar Sharma, learned APP for the State.

2. Petitioner seeks regular bail in connection with Riga P.S. Case No. 304 of 2024 dated 03.09.2024 registered for the offences punishable under Sections 317(4) and 317(5) of the Bharatiya Nyaya Sanhita, 2023 (in short 'B.N.S.').

3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of a motorcycle, suspected to be stolen, from the possession of the petitioner by the police party but in fact, the petitioner was apprehended mainly on account of suspicion as he was found in possession of the alleged motorcycle. However, such possession can be attributed to his profession as he is a mechanic and further, the alleged motorcycle is old one and the same has been

Patna High Court CR. MISC. No.19955 of 2025(2) dt.25-04-2025 2/2 released in favour of its owner. It is further submitted that except section 317(4) of the B.N.S., the alleged offence is triable by the court of First Class Magistrate and the petitioner has been languishing in jail since 04.09.2024 and against him, the investigation has been completed. It is lastly submitted that against the petitioner there is criminal antecedent of one case but the same relates to the different nature of the offence in which he is on bail.

4. Learned APP for the State has opposed the prayer for bail of the petitioner.

5. In the facts and circumstances of this case as well as considering the aforesaid submissions and mainly the young age of the petitioner and his custody period coupled with the completion of investigation against him, this Court is inclined to grant the relief of bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Riga P.S. Case No. 304 of 2024.

(Shailendra Singh, J) maynaz/- U T