Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45402 of 2022 Arising Out of PS. Case No.-45 Year-2022 Thana- BEERPUR District- Begusarai ====================================================== Rahul Kumar Son of Sitaram Matho @ Sitaram Rai R/o village - Shayam Nagar Dhobauli, O.P. Lakho, P.S.- Muffasil, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mohit Shriwastava, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Birpur P.S. Case No. 45 of 2022 registered for the offence punishable under Section 414 of the Indian Penal Code.

As per the prosecution, while the informant along with other police personnel were on a regular patrolling duty apprehended this petitioner along with other co-accused persons and from their possession two motorcycles were seized as they could not produce any valid documents for the same. The main submissions advanced by the learned

Patna High Court CR. MISC. No.45402 of 2022(2) dt.29-11-2022 2/3 counsel Mr. Mohit Shriwastava appearing for the petitioner are that the motorcycles are alleged to have been recovered from the possession of this petitioner and the same were suspected to be stolen motorcycles but as per the statement of this petitioner upon which the prosecution is relying first motorcycle is stated to be stolen one and second was purchased by a co-accused and accordingly the instant case relates to the recovery of one stolen motorcycle. Further submission is that the petitioner is a young boy aged about 18 years and has been languishing in jail since 30.04.

2022 and there is no details of any case being lodged in connection with the alleged recovered motorcycles and petitioner has criminal antecedent of one case in which he was remanded after he was taken into custody in the present case. Learned APP Mr. Uma Shankar Prasad Singh appearing for the State has opposed the bail prayer. Having considered the above submissions and mainly taking into account the petitioner's young age and his custody period, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.45402 of 2022(2) dt.29-11-2022 3/3 P.S. Case No. 45 of 2022.

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