Rahul Yadav @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58097 of 2022 Arising Out of PS. Case No.-245 Year-2022 Thana- BHAGWAN BAZAR District- Saran ====================================================== Rahul Yadav @ Rahul Kumar, Son of Ramesh Ray, Resident of Village - Methwaliya, P.S.- Revilganj, District - Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with Bhagwan Bazar P.S. Case No. 245/2022 registered for the offence under Sections 413, 414 and 401 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 14.05.2022.

The allegation against the petitioner is to have in possession of two stolen motorcycles alongwith other coaccused persons, where petitioner failed to produce the relevant documents in support of ownership, consequence upon FIR was lodged and petitioner was taken into custody. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.58097 of 2022(3) dt.15-02-2023 2/3 submitted that alleged recovery of motorcycles was made from the open place i.e. road and as petitioner was found standing near by to the motorcycles, merely on the basis of suspicion, he was arrested in this case alongwith other co-accused persons. It is also submitted that seizure list also appearing doubtful for the reason that same is not supported by independent witnesses, rather by police personnel. While traveling over the argument, it is submitted that similarly situated person, namely, Sailesh Kumar @ Shailesh Yadav has already been granted bail by a coordinate Bench of this Court vide order dated 20.09.2022 passed in Cr. Misc. No. 36424 of 2022. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is complete, where chargesheet has been submitted, as such, there is no chance of tempering with the evidence.

Learned APP, while opposing the prayer of bail fairly conceded that seizure list supported by police personnel. Considering the facts and circumstances as mentioned above and by taking note of manner of recovery, where seizure list appears doubtful on its face, coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with

Patna High Court CR. MISC. No.58097 of 2022(3) dt.15-02-2023 3/3 Bhagwan Bazar P.S. Case No. 245/2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned court of 1st Additional Chief Judicial Magistrate, Saran at Chapra/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T