Krishna Sah @ Santosh Kumar Prasad @ Suganawa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2497 of 2021 Arising Out of PS. Case No.-308 Year-2020 Thana- BHAGWAN BAZAR District- Saran ====================================================== Krishna Sah @ Santosh Kumar Prasad @ Suganawa, aged about 30 years, Gender - Male, S/O Brahma Prasad, Resident of Village -Takht Barwa, P.S. Daudpur, Distt.-Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar Singh, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-03-2021 Learned counsel for the petitioner is permitted to remove the defects within four weeks.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Bhagwan Bazar P.S. Case No. 308 of 2020 registered for the offences punishable under Sections 414, 420, 467, 468 and 471 of the Indian Penal Code.

The prosecution story according to the informant namely Mukesh Kumar Jha, S.I. is that on 13.07.2020 at about 11 A.M., he along with police officials started vehicle checking near Sadar Hospital Chowk during which one motorcycle came and on signal to stop he tried to flee away but on chase, he was

Patna High Court CR. MISC. No.2497 of 2021(2) dt.16-03-2021 2/3 apprehended who disclosed his name as Raja Sah but he did not produce any paper of the motorcycle and said that the said motorcycle is stolen one and further he disclosed the names of the other accused persons who run a gang of motorcycle lifters. It is alleged that on such disclosure places were raided who were apprehended and from place of petitioner, three motorcycles, three motorcycles from place of Pankaj Nat, three motorcycles from place of Ajay Sah and from Raja Sah, four motorcycles altogether 13 motorcycles were allegedly recovered and these persons disclosed that these motorcycles are stolen properties.

Learned counsel for the petitioner submits that the petitioner is quite innocent and has committed no any offence. The petitioner was arrested on the confession of the co-accused. Four motorcycles have been recovered from conscious possession of the petitioner. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Co-ordinate Bench of this Court vide order dated 12.02.2021 passed in Cr. Misc. No.38923 of 2020. The petitioner was involved in trade of stolen motorcycle. Petitioner is in jail custody since 15.07.2020 and petitioner has got two criminal antecedent mentioned in paragraph-3 of the bail

Patna High Court CR. MISC. No.2497 of 2021(2) dt.16-03-2021 3/3 petition.

Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, let the above named petitioner be enlarged on bail after framing of charge on furnishing bail bond of Rs. 50,000/- (fifty thousand) only with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 308 of 2020.

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