Sunil Sah @ Prem Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54686 of 2024 Arising Out of PS. Case No.-178 Year-2024 Thana- DHAKA District- East Champaran ====================================================== Sunil Sah @ Prem Sah S/O Ramlakshman Sah R/O Village- Auraiya, P.SGaur Ward No. 4, Distt.- Rauthat, Nepal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi, Advocate For the Opposite Party/s :

Mr. Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-11-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Dhaka P.S. Case No. 178 of 2024 instituted for the offence under Sections 414, 420, 468, 471 & 467/34 of the Indian Penal Code. 3.

Prosecution case in a nutshell is that during course of patrolling, two motorcycle riding persons were intercepted and on inquiry it was found motorcycle was registered in someone else name and he was unable to produce the valid document.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 03-05-2024. Petitioner is a man of clean antecedent.

Patna High Court CR. MISC. No.54686 of 2024(3) dt.13-11-2024 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner was arrested on the spot, but petitioner has no concern with the recovered motorcycle and petitioner was merely a passerby. No incriminating material has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 of the Cr.P.C. It is lastly submitted that charge sheet has been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dhaka P.S. Case No. 178 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.54686 of 2024(3) dt.13-11-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T