Roushan Lal @ Rahul Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31574 of 2025 Arising Out of PS. Case No.-986 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== Roushan Lal @ Rahul Lal S/O Jawahar Lal, Resident of village- Badki Singhi P.S.- Ara Town, District - Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subhash Choudhary, Advocate For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. In view of submission, clerical error of para-4(i) regarding Sections of the offence of supplementary affidavit and defect(s) as pointed out by the office be correct during the course of day itself.

3. The petitioner seeks bail in connection with Ara Town P.S. Case No. 986/2023, registered for the offence under Section 379 of the Indian Penal Code.

4. The accused/petitioner is not named in the F.I.R. and is in custody since 11.12.2023.

5. As per FIR, one motorcycle of the informant bearing registration no. BR035-9800 was stolen by some unknown persons on 07.12.2023, while the informant visited the marriage ceremony of his friend's sister.

Patna High Court CR. MISC. No.31574 of 2025(4) dt.22-09-2025 2/3

6. Learned counsel appearing on behalf of the petitioner submitted that the recovery of motorcycle was not made from conscious physical possession of this petitioner, rather it appears that the recovery was made from the house of the petitioner, which is occupied by different adult family members. It is submitted that the compliance of Section 100(4) of Cr.P.C. regarding search of premises not appears followed in present case. It is further submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence and, moreover, petitioner found involved in three more criminal cases, where he is on bail.

7. Learned APP opposed the prayer of bail.

8. Considering the aforesaid factual submissions and by taking note of fact prima facie with aforesaid accusation, where the maximum sentence is of three years, the petitioner remains in custody for about two years i.e. since 11.12.2023, coupled with the fact that investigation of this case is already completed, accordingly, petitioner above named, is directed to be released on bail in connection with Ara Town P.S. Case No. 986/2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.31574 of 2025(4) dt.22-09-2025 3/3 Chief Judicial Magistrate, Bhojpur at Ara/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) veena/- U T