Shri Kant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60254 of 2023 Arising Out of PS. Case No.-259 Year-2022 Thana- PIPRA District- Supaul ====================================================== SHRI KANT KUMAR SON OF RAMDEO RAM RESIDENT OF VILLAGE- SATANPATTI, WARD NO 09, PS- RAGHOPUR, DISTTSUPAUL ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Patla Kumari, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-09-2023 Heard learned counsel appearing on behalf of the parties.
2.
The petitioner seeks bail in connection with Pipra P.S. Case No. 259 of 2022 registered for the offence under Sections 379 of the Indian Penal Code.
3.
The accused/petitioner is not named in the F.I.R. and is in custody since 29.09.2022.
4.
The allegation against the petitioner is to commit theft and while committing so, taken away a motorcycle.
5.
Learned counsel appearing on behalf of the petitioner submitted that name of this petitioner surfaced in the present case, while he was apprehended in Raghopur P.S. Case
Patna High Court CR. MISC. No.60254 of 2023(2) dt.08-09-2023 2/3 No. 341 of 2022, out of self confession, where in furtherance thereof, no incriminating material recovered/surfaced, as to connect him, prima facie, with present occurrence of theft. It is submitted that recovery of stolen motorcycle was made from coaccused, namely, Manish Kumar, not from this petitioner. While concluding the argument, it is submitted that petitioner found involved in one more case, where, he is on bail and moreover, investigation of this case is completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.
6.
Learned APP appearing on behalf of the State, opposes the prayer of bail.
7.
Considering the facts and circumstances as mentioned above, as save and except suspicion out of self confession, nothing appears incriminating against this petitioner, where, alleged recovery of motorcycle made from co-accused, namely, Manish Kumar, coupled with the fact that charge-sheet has already submitted, where, petitioner is in custody since 29.09.2022, let the petitioner, above named, is directed to be released on bail in connection with Pipra P.S. Case No. 259 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.60254 of 2023(2) dt.08-09-2023 3/3 satisfaction of learned Additional Chief Judicial Magistrate, Supaul/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) S.Katyayan/- U T