Praveen Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54488 of 2024 Arising Out of PS. Case No.-169 Year-2024 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Praveen Singh Son of Ajit Singh @ Ajit Kumar Ray Resident of Village - Panchbeniya, Police Station - Aasaw, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mrs. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 14-08-2024 Heard the learned Advocate for the petitioner and the learned APP for the State.

2. The petitioner seeks regular bail, who is in custody in connection with Kuchaikote P.S. Case No. 169 of 2024, registered for the offence punishable under Sections 414, 420, 467 and 468 of the Indian Penal Code.

3. In course of patrolling, the police intercepted a Scorpio vehicle, which was being driven by the petitioner. On search, two different number plates have also been found kept in the vehicle. The vehicle is allegedly said to be a stolen property.

4. Learned Advocate for the petitioner adverting to the narratives made in the FIR contended that the petitioner runs a small business of pre-owned vehicles, wherein, the vehicles are not fully transferred, instead they are bailed to the petitioner to

Patna High Court CR. MISC. No.54488 of 2024(2) dt.14-08-2024 2/3 facilitate easy sale and purchase. It is further contended that no case much less under Section 414 is made out for the simple reason that the present FIR is not preceding any FIR/complaint with regard to the theft of the vehicle. It is further contended that the allegation even if taken to the entirety do not constitute any offence under Sections 420, 467 and 468 of the Indian Penal Code. Moreover, the petitioner is a man of fair antecedent and now he has been incarcerated since 15.04.2024. The investigation of the crime is complete and the charge-sheet has been submitted.

5. On the other hand, learned APP for the State vehemently opposes the bail application and submitted that the petitioner has been found in possession of two number plates and the complicity of the petitioner in crime cannot be ruled out.

6. Regard being had to the submissions made on behalf of the parties and considering the fact that the investigation of the crime is complete and the charge-sheet has been submitted, coupled with the fair antecedent, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Gopalganj in connection

Patna High Court CR. MISC. No.54488 of 2024(2) dt.14-08-2024 3/3 with Kuchaikote P.S. Case No. 169 of 2024, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(v) The court below shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.

(Harish Kumar, J) shivank/- U T