Bhola Kewat @ Bhola Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31462 of 2022 Arising Out of PS. Case No.-86 Year-2022 Thana- ARIYARI District- Sheikhpura ====================================================== Bhola Kewat @ Bhola Kumar S/o Kishori Kewat R/o Village- Dhadsi, P.S.- Ariyari, District- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prasad Singh, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Ariyari P.S. Case No. 86 of 2022 registered for the offences under Sections 414, 34 of the Indian Penal Code. As per allegation on the basis of secret information the police raided the house of this petitioner and recovered two motorcycles and the petitioner was arrested at the spot and the said motorcycles are alleged to be stolen motorcycles and as per the FIR the petitioner's nephew Rohit Kumar had bought the said motorcycles from one namely Sonu Kumar @ Vinayak who

Patna High Court CR. MISC. No.31462 of 2022(2) dt.25-08-2022 2/3 was indulged in selling of the stolen motorcycle. The main submissions advanced by the learned counsel Mr. Ram Prasad Singh for the petitioner are that the alleged motorcycles were recovered from the outside of the house of this petitioner and the same were not found in the conscious possession of this petitioner as the petitioner's house is in joint possession of several persons and against the petitioner there are criminal antecedents of two cases in which he has been granted anticipatory bail and he has been languishing in jail since 07.04.2022.

Learned APP Mr. Amitesh Kumar appearing for the State has opposed the bail prayer.

In view of the above submissions and considering the facts and circumstances of this case and mainly the petitioner's plea that the alleged motorcycles were not recovered from his conscious possession in the opinion of this Court a lenient approach can be taken in respect of petitioner's prayer, let the petitioner 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 concerned Court in Connection with Ariyari P.S. Case No. 86 of 2022, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.31462 of 2022(2) dt.25-08-2022 3/3 properly represented on each and every date fixed by the Court below and shall remain physically present as directed by the Court below and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(3) One of the bailers shall be a close relative of the petitioner who has sworn affidavit in this miscellaneous petition. (Shailendra Singh, J.) sangam/- U T