Raj Mangal Ram @ Raj Mangal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60396 of 2024 Arising Out of PS. Case No.-101 Year-2024 Thana- BARGAINIA District- Sitamarhi ====================================================== Raj Mangal Ram @ Raj Mangal Rai S/o Amiri Ram R/o vill - Masha Narottam, ward no. 2, P.s - Bairgania, Distt. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bairgania P.S. Case No. 101 of 2024 instituted for the offence under Sections 411, 413 & 414 of the Indian Penal Code. 3.

Prosecution case in brief is that one stolen motorcycle was recovered from the possession of the petitioner. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13-04-2024. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that there is no independent witness to the

Patna High Court CR. MISC. No.60396 of 2024(2) dt.31-08-2024 2/2 seizure list. It is next submitted that there is no compliance of Section 100 of the Cr.P.C. Petitioner was arrested from his house and not from the alleged place of occurrence. Nothing has been recovered from the conscious possession of the petitioner. Charge sheet has already 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 Bairgania P.S. Case No. 101 of 2024.

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