Deepak Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41141 of 2023 Arising Out of PS. Case No.-1116 Year-2022 Thana- SASARAM NAGAR District- Rohtas ====================================================== Deepak Patel son of Ram Chaudhary, Mohalla- Khiraki Ghat (Dalel Ganj ), P.S.- Sasaram (T). Dist- Rohtas ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Siddharth Harsh, Advocate For the Opposite Party/s :

Mr.Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking pre-arrest bail in connection with Sasaram (T) P.S. Case No- 1116 of 2022 registered for the offences punishable under Sections 414 of the Indian Penal Code. He has got no criminal antecedent.

3. As per the prosecution story, on 21.12.2022 the police received a secret information that stolen motorcycle has been concealed in the under-constructed house of this petitioner. On this information, police party conducted raid at the said place and seized the stolen motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner was not residing in the house in question from which stolen motorcycle was seized.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.41141 of 2023(2) dt.28-07-2023 2/2

6. Having regard to the submission that from the FIR itself it is clear that the house in question was incomplete and was underconstruction which was accessible to anybody, the stolen motorcycle has been seized from the said house but the petitioner was not residing in the said house, he has otherwise no criminal antecedent, hence, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named be released on bail in connection with Sasaram (T) P.S. Case No. - 1116 of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sasaram, Rohtas, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T