Bimlesh Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48941 of 2024 Arising Out of PS. Case No.-48 Year-2024 Thana- SIWAN CITY District- Siwan ====================================================== Bimlesh Patel S/O Haribansh Patel @ Harishankar Patel @ Harishankar Prasad R/O- Ramnagar, PS- Siwan Town, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Shekhar Pandey, Advocate For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Siwan Town P.S. Case No. 48 of 2024 instituted for the offences under Sections 414, 413/34 of the Indian Penal Code.

3. Prosecution case, in short, is that, police, on the basis of information that some miscreants were involved in sale and purchase of stolen motorcycles, raided the place of occurrence and apprehended three persons including this petitioner.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case merely on the ground of suspicion. No

Patna High Court CR. MISC. No.48941 of 2024(2) dt.24-07-2024 2/3 incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the stolen motorcycle. Learned counsel further submitted that charge-sheet has been submitted in this case and cognizance has also been taken. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.02.2024 and has two criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, nature of offence as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Siwan Town P.S. Case No. 48 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.48941 of 2024(2) dt.24-07-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) 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.

(Rudra Prakash Mishra, J) Alok Verma/- U T