Gaurav Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6161 of 2021 Arising Out of PS. Case No.-345 Year-2020 Thana- VAISHALI District- Vaishali ====================================================== Gaurav Singh Son of Sumangal Singh Resident of Village - Shyampur, P.S.- Vaishali (Belsar O.P.), District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-04-2021 Heard Mr. Dharmesh Kumar, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Vaishali P.S. Case No. 345 of 2020 registered for the offences punishable under Sections 413 and 414 of the Indian Penal Code 1860.

The allegation as per the First Information Report is that the Police intercepted Motorcycle on which three persons were riding and upon demand, no document of the Motorcycle was produced before the Police. It has further been alleged that the Motorcycle in question was stolen property. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.6161 of 2021(2) dt.08-04-2021 2/3 petitioner has falsely been implicated in this case with oblique motive. Learned counsel further submits that the petitioner has no criminal antecedent and Section 413 Cr. P.C. is not applicable in the facts of the case. Learned counsel also submits that fact of the matter is that the petitioner has been pursuing his studies in West Bengal and had come to his native village during Holiday and on the date of occurrence, he had taken a lift on the Motorcycle which was intercepted and seized by the Police as a stolen property. Learned counsel next submits that the petitioner was not aware about the fact that the Motorcycle on which he had taken lift was stolen Motorcycle. The petitioner is in custody since 8.10.2020.

Having regard to the submissions made by the parties and taking into consideration the materials on record, prima facie justification given by the petitioner that he had taken lift on the Motorcycle and he is in custody since 8.10.2020 as well as charge sheet has already been submitted in the matter, 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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate,

Patna High Court CR. MISC. No.6161 of 2021(2) dt.08-04-2021 3/3 Vaishali at Hajipur, in connection with Vaishali P.S. Case No. 345 of 2020.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

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