Prins Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31615 of 2020 Arising Out of PS. Case No.-147 Year-2020 Thana- DHANAHA District- West Champaran ====================================================== PRINS RAI S/o Subhash Rai Resident of Village-Rajpur Khas, P.S-Sewarahi, District-Kushi Nagar, Uttar Pradesh.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Dhanaha P.S. Case No. 147 of 2020 registered for the offence punishable under Sections 414/34 of the Indian Penal Code and Section 25(1-b)a/35 of the Arms Act.

The Police Officer is the informant, who has alleged in the F.I.R. that while on patrolling duty he was informed by the owner of a tractor that his tractor was stolen, in respect of which, he had given an information to the police telephonically. The informant is said to have acted upon immediately and apprehended three persons in suspicious circumstances, including this petitioner. They recovered certain articles from

Patna High Court CR. MISC. No.31615 of 2020(3) dt.07-01-2021 2/3 the persons arrested. From the petitioner's possession one mobile phone with sim was recovered. The motorcycle, registered in the name of the petitioner's father, was also seized. It has been further alleged that on the basis of disclosures made by them, the stolen tractor was recovered from near the residence of co-accused Rakesh Chaudhary. The F.I.R. refers to the confessional statements made by the co-accused Abhishek Verma. The petitioner is in custody since 03.07.2020. Learned counsel appearing on behalf of the petitioner has submitted that no offence punishable under Section 414 of the Indian Penal Code can be said to be made out, as there is no recovery of any stolen articles from the petitioner's possession. It has been stated that in paragraph 3 of the application that the petitioner has no criminal antecedent.

Considering the fact that the petitioner is in custody since 03.07.2020 and the fact that he has no criminal antecedent, in the background of nature of accusation, as noted above, this application is allowed.

Let the petitioner, above named, 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 the learned S.D.J.M., Bagaha, West Champaran in Dhanaha P.S.

Patna High Court CR. MISC. No.31615 of 2020(3) dt.07-01-2021 3/3 Case No. 147 of 2020.

(Chakradhari Sharan Singh, J) AKASH/- U T