Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40342 of 2022 Arising Out of PS. Case No.-122 Year-2022 Thana- VAISHALI District- Vaishali ====================================================== Gautam Kumar Son of Umakant Ram Resident of village- Bhagwanpur Ratti P.S- Vaishali, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nityanand, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Vaishali P.S. Case No. 122 of 2022 registered for the offence under Sections 379 and 411 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 15.04.2022.

The allegation against the petitioner is to have in possession of one stolen motorcycle for which petitioner failed to produce the relevant documents in proof of ownership. Learned counsel appearing on behalf of the petitioner submitted that the alleged stolen motorcycle was recovered from the house of this petitioner, which is occupied by other family members

Patna High Court CR. MISC. No.40342 of 2022(3) dt.19-11-2022 2/2 and, as such, it cannot be said that recovery of alleged motorcycle was made from the conscious physical possession of this petitioner. It is further submitted that the compliance of Section 100 of the Cr.P.C. was not made in the present case. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation 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 recovery of stolen motorcycle not appears to be made from the conscious physical possession of this petitioner coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Vaishali P.S. Case No. 122 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judiical Magistrate, Vaishali at Hajipur/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T