Guddu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33078 of 2023 Arising Out of PS. Case No.-753 Year-2022 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Guddu Singh Son Of Late Dev Narayan Singh R/O Village- Sohgi More, Rampur, P.S.- Gaurichak, District- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sushil Kumar Sinha, Advocate Mr. Manish Kumar, Advocate Mr. Sharda Ranjan Sinha, Advocate For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with Ramkrishna nagar P.S. Case No. 753 of 2022 registered for the offence under Sections 411, 414/34 of the Indian penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 01.01.2023.

The allegation against the petitioner is to have in possession of stolen motorcycle bearing registration no.

Patna High Court CR. MISC. No.33078 of 2023(2) dt.22-06-2023 2/3 BR01FK8258.

Learned counsel appearing on behalf of the petitioner submitted that out of suspicion and under misconception petitioner was apprehended as motorcycle in issue i.e., motorcycle bearing registration no. BR01FK8258 belongs to wife of this petitioner, namely, Manorma Devi, where copy of registration certificate in favour of Manorma Devi is annexed as annexure-2 of the present bail petition. While concluding the argument, it has been submitted that petitioner found involved in four cases where in maximum cases he remanded subsequent to present case, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as registration certificate of stolen motorcycle stands in name of wife of petitioner, prima facie, negating the allegation coupled with the fact that charge-sheet has been submitted, where petitioner is in custody since 01.01.2023, accordingly, the petitioner, above named, is directed to be released on bail in connection with Ramkrishna Nagar P.S. Case No. 753 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.33078 of 2023(2) dt.22-06-2023 3/3 with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

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