Akash Kumar @ Sintu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45580 of 2022 Arising Out of PS. Case No.-17 Year-2022 Thana- NTPC District- Bhagalpur ====================================================== Akash Kumar @ Sintu S/O Prakash Yadav Resident of village- Tiklunganj, P.S.- Shivnarayanpur, District- Bhagalpur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Swapnil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Rajendra Singh Shastri, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 30-11-2022 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 N.T.P.C. P.S. Case No. 17 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 and recovered a stolen motorcycle bearing a forged number plate.
The main submissions advanced by the learned counsel Mr. Swapnil Kumar Singh appearing for the petitioner are that the petitioner is a teenage boy and the alleged recovered motorcycle belongs to one namely Subhash Yadav who is a friend of the
Patna High Court CR. MISC. No.45580 of 2022(2) dt.30-11-2022 2/2 petitioner and at the time of recovery the said motorcycle was being used by this petitioner and he could not produce the relevant documents concerned to the ownership of the said motorcycle, so the police suspected the said motorcycle to be stolen one. Further submission is that the petitioner is a student and 21 years old young boy and the copy of his academic certificate has been filed as Annexure-2 and the recovery of the alleged motorcycle was not made before the independent persons.
Learned APP Mr. Rajendra Singh Shastri appearing for the State has opposed the bail prayer.
Having considered the above submissions and mainly the facts that the petitioner is stated to be a young person aged about 21 years and the recovery of the alleged motorcycle was made before the police personnel and the alleged offence is triable by First Class Magistrate, 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.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with N.T.P.C. P.S. Case No. 17 of 2022.
(Shailendra Singh, J.) sangam/- U T