Chhotan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24467 of 2022 Arising Out of PS. Case No.-4 Year-2022 Thana- BISHWAMBHARPUR District- Gopalganj ====================================================== Chhotan Sah, Son Of Shankar Sah R/O Village - Khem Matihaniya, P.S.- Bishambharpur, District - Gopalganj ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Satyendra Rai For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 414 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that one Bittu Sharma was arrested with a stolen motorcycle, who disclosed that he along with petitioner and Sujit Kumar indulged in sale and purchase of stolen motorcycle. Accordingly, house of petitioner was raided and from his door, a stolen motorcycle was recovered and Sujit Kumar was not found at his house as he had gone out on his stolen motorcycle. The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.24467 of 2022(2) dt.10-11-2022 2/3 petitioner has been falsely implicated in the present case. It is next submitted that his name transpired in the confessional statement of Bittu Sharma in police custody which does not have any evidentiary value. It is also submitted that from the allegation itself, it would manifest that the stolen motorcycle was not recovered from his house, but from his door which is a place outside the house. It is next submitted that at the cost of repetition that petitioner is a person with clean antecedent and is a young boy of 22 years of age and in the event, if he is sent to judicial custody, his entire career would be jeopardized and chances are bright that he may come in company of hardened criminal.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Bishambharpur P. S. Case No.04 of 2022, subject to the conditions laid down under Section 438(2)

Patna High Court CR. MISC. No.24467 of 2022(2) dt.10-11-2022 3/3 of the Cr.P.C. with a condition that one of the bailors of the petitioner shall be his father namely Shankar Sah. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T