Suraj Kumar Sharma @ Bahira @ Aditya Anurag v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48835 of 2022 Arising Out of PS. Case No.-146 Year-2022 Thana- KANKARBAG District- Patna ====================================================== Suraj Kumar Sharma @ Bahira @ Aditya Anurag, Son of Purau Sharma @ Shanker Sharma Resident of Village - Rajendra Nagar, Sabzi Mandi, P.s.- Patrakar Nagar, Distt.- Patna.-800020 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Mohan, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), if any, as pointed out by the office be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Kankarbagh P.S. Case No. 146 of 2022 registered for the alleged offences under Sections 411, 413, 414/34 of the Indian Penal Code.

As per prosecution case, the petitioner and other coaccused persons were apprehended with the stolen motorcycle and on further confession of co-accused Md. Shamshad, other stolen motorcycles were recovered.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.48835 of 2022(3) dt.08-02-2023 2/3 petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has nothing to do with the stolen motorcycle and there is no eye witness, who might have seen the petitioner at the place of occurrence. The petitioner is a carpenter and he was apprehended while he was passing through the place of occurrence. There is no evidence against the petitioner for stealing of motorcycle. The petitioner is in custody since 17.02.2022 and charge-sheet has been submitted. Learned APP opposes the prayer for bail submitting that the petitioner is a habitual offender and is accused in five cases of similar nature.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with the submission of charge-sheet against him, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate/concerned court, Patna in connection with Kankarbagh P.S. Case No. 146 of 2022, subject to the conditions mentioned in Section 437(3) of

Patna High Court CR. MISC. No.48835 of 2022(3) dt.08-02-2023 3/3 the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T