Suben Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.938 of 2021 Arising Out of PS. Case No.-107 Year-2020 Thana- SHANKARPUR District- Madhepura ====================================================== SUBEN KUMAR SON OF LATE RAGHUNATH SAH Resident of Village - Basantpur, P.S.- Shankarpur, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Adv.

For the Opposite Party/s :

Mr. H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of normal functioning of the court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 414 of the Indian Penal Code. On secret information, police conducted a raid and recovered Hero Honda Splendor Motorcycle adjacent the house of the petitioner. It is alleged that petitioner did not show any document regarding the said bike. Accordingly, a seizure list was prepared.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.938 of 2021(2) dt.01-03-2021 2/2 petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner nor from the house of the petitioner rather the same was recovered from the road side near the open space of the house of the petitioner. He submits that petitioner has no concern with the alleged motorcycle nor it was found in his house. He submits that seizure list shows the place of seizure in Sr. No. 2 Shankarpur Thana Parishar not the house of the petitioner. He further submits that petitioner bears no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 01.09.2020. In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Judge-I, Madhepura in connection with Shankarpur P.S. Case No. 107 of 2020.

(Anjani Kumar Sharan, J) devendra/- U T