Kisto Sharma @ Kisto Mistry @ Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51792 of 2022 Arising Out of PS. Case No.-140 Year-2022 Thana- PALASI District- Araria ====================================================== Kisto Sharma @ Kisto Mistry @ Sharma, Son of Shyam Lal Sharma Resident of Village - Kankhudiya, Ward No. -2, P.S.- Palasi, Dist.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Palasi P.S. Case No.140 of 2022 instituted under Sections 413,414,34 of the Indian Penal Code.

As per the prosecution story, the police officials alleged that upon information that motorcycles are parked infront of the house of the petitioner herein and three persons are standing there went and upon seeking the police they tried to escape but were apprehended and upon enquiry they failed to provide any document for the three motorcycles. Accordingly, the same having found to be stolen one seized and the three accused persons taken into custody. Further they disclosed that four more motorcycles are there in the campus of the petitioner herein. Accordingly, the FIR was lodged.

Patna High Court CR. MISC. No.51792 of 2022(2) dt.12-01-2023 2/3 Learned counsel for the petitioner submits that so far as the recovery of first three motorcycles are concerned, the three persons were there present along with it and it is for them for explain how they were possessing the same. So far as the other four motorcycles are concerned which the police alleges to have been recovered/seized from the campus, with the help of paragraph 11 he submits that the room was let out to the three accused persons and had no concern with the alleged recovery/seizure.

The last submission is that although the police claims to have recovered/seized from the campus of the petitioner herein, the seizure would show that there is no signature of anyone, much less the family of the petitioner and in the said backdrop, the petitioner who do not have criminal antecedent deserves relief.

Learned APP on the other hand opposes the prayer for anticipatory bail stating that though there is no criminal antecedent against the petitioner, the recovery/seizure is of four motorcycles from his campus.

Taking into account the fact that recovery/seizure from the campus of the petitioner does not bear signature of anyone other than the police officials as also the fact that the

Patna High Court CR. MISC. No.51792 of 2022(2) dt.12-01-2023 3/3 petitioner do not have criminal antecedent, this Court is inclined to grant him relief with the conditions that he will be visiting the concerned police station for one year every month to mark his attendance.

Let the petitioner be released on bail, in the event of his arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Palasi P.S. Case No.140 of 2022 to the satisfaction of learned Chief Judicial Magistrate, Araria, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Prakash Narayan /- U T