Dharam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48405 of 2022 Arising Out of PS. Case No.-203 Year-2022 Thana- GAURICHAK District- Patna ====================================================== DHARAM KUMAR Son of Sri Badu Paswan Resident of village - Sonachak, P.S.- Gaurichak, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh, Advocate.

For the Opposite Party/s: Mr.Vinod Shanker Modi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-12-2022 Heard Ms. Vaishnavi Singh, learned counsel for the petitioner and Mr. Vinod Shankar Modi, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Sessions Trial No. 769 of 2022 arising out of Gaurichak P.S. Case No. 203 of 2022 registered for the offences punishable under Sections 413 and 414 of the Indian Penal Code 1860. As per the First Information Report, on the basis of secret information, Police reached the house of the petitioner and recovered two Motorcycles which are said to be stolen. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. Learned counsel

Patna High Court CR. MISC. No.48405 of 2022(2) dt.16-12-2022 2/2 referring to the First Information Report submits that from perusal of the F.I.R, it appears that the Motorcycles have been recovered from a Gali situated in the western side of the house of the petitioner and not from the conscious possession of the petitioner. Learned counsel next submits that the petitioner is in custody since 3.4.2022 having no criminal antecedent and charge sheet has already been submitted.

Regards being had to the submission made by the parties and taking into consideration the fact that the petitioner has got no criminal antecedent, he is in custody since 3.4.2022 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions JudgeIV, Patna City (District Patna), in connection with Sessions Trial No. 769 of 2022 arising out of Gaurichak P.S. Case No. 203 of 2022.

(Anil Kumar Sinha, J) S.Ali/- U T