Bhushan Sharma @ Bhushan Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61491 of 2024 Arising Out of PS. Case No.-374 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Bhushan Sharma @ Bhushan Kumar Sharma Son of Late Nagendra Sharma Resident of village- Pakariya P.S.- Harsidihi District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Adv.
For the Opposite Party/s :
Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Harsidhi P.S. Case No. 374 of 2024 instituted for the offences under Sections 317(4) and 317(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per prosecution case, the petitioner has been apprehended at the spot along with seized stolen Bolero vehicle bearing Registration No. BR29PA-3527 which was parked near his house. On demand, no document was produced by him regarding the said Bolero vehicle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.61491 of 2024(2) dt.04-09-2024 2/3 against him and has falsely been implicated in the present case. Learned counsel for the petitioner submits that the alleged stolen Bolero vehicle was not recovered from the premises of the petitioner rather the same was recovered near the house of the petitioner. He further submits that from the seizure list, it appears that there is no mention of specific place of recovery which shows that the same has not been recovered from the conscious or constructive possession of the petitioner. The petitioner has no concern with the seized Bolero vehicle. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has one criminal antecedent and is languishing in judicial custody since 06.07.2024 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Harsidhi P.S. Case
Patna High Court CR. MISC. No.61491 of 2024(2) dt.04-09-2024 3/3 No. 374 of 2024.
(Rudra Prakash Mishra, J) rishi/- U T