Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41063 of 2022 Arising Out of PS. Case No.-146 Year-2022 Thana- PARAIYA District- Gaya ====================================================== Rohit Kumar S/o Awadh Paswan R/o Mohalla- Budh Paraiya, P.S.- Paraiya, District- Gaya ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ujjawal Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Uday Chand Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Petitioner seeks regular bail in connection with Paraiya P.S Case No. 146 of 2022 registered for the offence punishable under Section 414 of the Indian Penal Code. As per prosecution, the informant in his written report has alleged that this petitioner was apprehended on suspicion for stealing a motorcycle and when asked he could not produce any document related to the alleged motorcycle.

The main submissions advanced by learned counsel Mr. Ujjawal Kumar Singh appearing for the petitioner are that the petitioner has clean antecedent, as per the prosecution several private persons were present when the recovery of the alleged motorcycles and mobile phone were made but the seizure list of

Patna High Court CR. MISC. No.41063 of 2022(2) dt.09-11-2022 2/2 the said article and vehicles was prepared before the police personnel who cannot be deemed to be an independent person and in the said matter only two motorcycles and one mobile phone were alleged to be recovered from the possession of the petitioner and the co-accused. Further submission is that the petitioner has been languishing in jail since 04.05.2022. Mr. Uday Chand Prasad, learned APP appearing for the State has opposed the prayer for bail.

In view of above submissions and mainly considering the clean antecedent of the petitioner and his custody period and also the fact that the case of the petitioner is at initial stage, in the opinion of this court it is a fit case for grant of bail to the petitioner. Accordingly, 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 Judicial Magistrate-1st Class, Gaya in connection with Paraiya P.S. Case No. 146 of 2022.

(Shailendra Singh, J.) annu/- U T