Patna High CourtCR. MISC./46677/2023bail granted

Shree Ram Kumar @ Shree Ram Kumar Pandey v. The State Of Bihar

2023-07-28Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46677 of 2023 Arising Out of PS. Case No.-156 Year-2023 Thana- MUFFASIL District- Aurangabad ====================================================== SHREE RAM KUMAR @ SHREE RAM KUMAR PANDEY, S/O Lalan Pandey, R/O Village- Mathurapur, P.S- Mali, Distt.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prince Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-07-2023

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

2. Petitioner seeks regular bail in connection with Aurangabad (M) P.S. Case No. 156 of 2023 dated 18.04.2023 registered for the offence punishable under Section 379 of the Indian Penal Code.

3. The main submissions advanced by learned counsel Mr. Prince Kumar Mishra appearing for the petitioner are that the instant matter relates to theft of informant's motorcycle though as per allegation, the said stolen motorcycle was recovered from a bush situated near the backyard of the house of the petitioner but it is an open place, so the recovery cannot be deemed to have been made from the conscious possession of this petitioner. Further submissions are that

Patna High Court CR. MISC. No.46677 of 2023(2) dt.28-07-2023 2/2 against the petitioner there is criminal antecedent of one case and he is a young person and he has been languishing in jail since 15.05.2023 and the alleged stolen motorcycle has been recovered so, there is no question of any recovery in this matter.

4. Learned APP Mr. Surendra Kumar appearing for the State has opposed the prayer for bail.

5. Having regard to the facts and circumstances of this case, considering the above submissions and mainly petitioner's young age, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged 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 Aurangabad (M) P.S. Case No. 156 of 2023.

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