Rahul Choudhary @ Rahul Kumar @ Rahul Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35858 of 2021 Arising Out of PS. Case No.-136 Year-2020 Thana- BHAIRAVSHTHAN DistrictMadhubani ====================================================== RAHUL CHOUDHARY @ RAHUL KUMAR @ RAHUL KUMAR CHOUDHARY Son of Kapil Chaudhary Resident of Village-Om Nagar, Ward No.-8, P.S.-Town Araria, District-Araria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Navjot Yeshu, Advocate Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-01-2022 Heard learned counsel for the parties through video conferencing.

Petitioner seeks regular bail in connection with Bhairav Asthan P.S. Case No. 136 of 2020 , GR Case No. 1656 of 2020 registered for the offence under Section 379 of the I.P.C.

As per the First Information Report the motorcycle of the informant bearing Registration No. BR07M-6035 was stolen from his house and Police recovered the said motorcycle from a Pucca road in Om Nagar Ward No.8.

Learned counsel for the petitioner submits that the stolen motorcycle has not been recovered from the possession of the petitioner however, one motorcycle has been recovered from the house of the petitioner which would be evident from the seizure seizure list which is not stolen motorcycle and to the knowledge of the petitioner no F.I.R. has been lodged for the

Patna High Court CR. MISC. No.35858 of 2021(2) dt.05-01-2022 2/2 theft of the motorcycle which has allegedly been recovered from the house of the petitioner. Learned counsel next submits that petitioner is in custody since 20/09/2020, having no criminal antecedent and charge sheet has already been submitted. Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner has got no criminal antecedent, he is in custody since 20/09/2020, charge sheet has already been submitted and the stolen motorcycle has not been recovered from his house, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Jhanjharpur or successor court in connection with Bhairav Asthan P.S. Case No. 136 of 2020 , GR Case No. 1656 of 2020.

(Anil Kumar Sinha, J) praful/- U T