Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60076 of 2023 Arising Out of PS. Case No.-953 Year-2022 Thana- SONEPUR District- Saran ====================================================== Raja Kumar Son of Late Mithlesh Singh Resident of Village - Gobindchak, P.S. - Sonepur @ Sonpur, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-09-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. The petitioner seeks bail in connection with Sonepur @ Sonpur P.S. Case No. 953 of 2022 registered for the offence under Section 379 of the Indian Penal Code.

3. The accused/petitioner is not named in the F.I.R. and is in custody since 31.05.2023.

4. The allegation against the petitioner is to have in possession of a stolen motorcycle.

5. Learned counsel appearing on behalf of the petitioner submitted that petitioner was remanded in this case

Patna High Court CR. MISC. No.60076 of 2023(2) dt.08-09-2023 2/3 from Gandhi Maidan P.S. Case No. 180 of 2023, where he is on bail. It is pointed out that no incriminating substance including alleged stolen motorcycle was recovered from the possession of this petitioner during the course of investigation as to connect him with the present occurrence of theft. While concluding the argument, it has been submitted that petitioner found involved in one more criminal case, where he is on bail and moreover, investigation of this case has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer of bail.

7. Considering the facts and circumstances as mentioned above, and by taking note of fact as alleged motorcycle not appears to be recovered from the possession of this petitioner, as he was remanded in present case from Gandhi Maidan P.S. Case No. 180 of 2023, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 31.05.2023, accordingly, above named petitioner is directed to be released on bail in connection with Sonepur @ Sonpur P.S. Case No. 953 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of the Court of learned

Patna High Court CR. MISC. No.60076 of 2023(2) dt.08-09-2023 3/3 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) Archana/- U T