Patna High CourtCR. MISC./48075/2024bail granted

Rakesh Sah v. The State Of Bihar

2024-07-24Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48075 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Rakesh Sah S/o Doma Sah R/o Village Sadhu Chowk, Mathia, ward no. 3, P.S. Gopalganj Town, District Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, 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 Bishambharpur P.S. Case No. 57 of 2024, instituted for the offences punishable under Section 414 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner was apprehended with a stolen motorcycle and failed to produce any valid documents for the same.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner

Patna High Court CR. MISC. No.48075 of 2024(2) dt.24-07-2024 2/2 further submitted that the petitioner was not riding the motorcycle in question, rather the petitioner was a passerby of that way and the police apprehended him on the basis of suspicion. The petitioner is in custody since 24.04.2024 and has got no criminal antecedent.

5. Learned APP 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 and taking into account 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bishambharpur P.S. Case No. 57 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T