Anmol Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39562 of 2021 Arising Out of PS. Case No.-3 Year-2021 Thana- PALASI District- Araria ====================================================== ANMOL KUMAR SAH Son of Arun Sah @ Arun Kumar Sah Resident of Village and P.S.- Palasi, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-01-2022 Heard the learned counsel appearing for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Palasi P.S. Case No. 03 of 2021 for the offence punishable under Sections 413, 414/34 of the Indian Penal Code.
The case of the prosecution, in brief, is that the informant along with other police personnel were engaged in day to day patrolling duty and when they had reached near Kankhudia Chowk on the alleged date and time of occurrence, the informant received secret information that some miscreants had arrived at the tea shop of one Jahoor to dispose off a stolen bike, whereafter the informant along with his police team had reached at the said tea shop and had apprehended two miscreants as also had recovered the stolen motorcycle, however, the said miscreants, one of them being the petitioner herein, could not produce the registration documents of the said motorcycle.
The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 04.01.2021. It is further submitted that the petitioner was merely standing at the tea shop in
Patna High Court CR. MISC. No.39562 of 2021(2) dt.28-01-2022 2/2 question, however, he has got nothing to do with the said stolen motorcycle in question and has been implicated falsely merely on suspicion.
Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, taking into account materials available on record as also considering the period of incarceration of the petitioner and the fact that the seizure list shows recovery of the said motorcycle from near a tea shop belonging to one Jahoor, situated at Palasi Chowk and not from the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail.
Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Araria in connection with Palasi P.S. Case No. 03 of 2021. (Mohit Kumar Shah, J) S.Sb/- U T