Tinku Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63946 of 2024 Arising Out of PS. Case No.-128 Year-2024 Thana- SOHSARAI District- Nalanda ====================================================== Tinku Paswan, Son of Munni Paswan @ Munshi Paswan, R/o VillageMusepur, Lohri, P.S- Noorsarai, Dist- Nalanda. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar Singh No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner seeks bail in connection with Sohsarai P.S. Case No.128 of 2024 registered for the offences punishable under Sections 413 and 414 of the Indian Penal Code.

3. The accused/petitioner is named in the FIR and is in custody since 30.05.2024.

4. Allegation against the petitioner is to have in possession of stolen motorcycle bearing Registration No.BR090P-0647 along with other co-accused persons.

5. It is submitted by learned counsel that petitioner has been falsely implicated with present case as

Patna High Court CR. MISC. No.63946 of 2024(2) dt.11-09-2024 2/3 alleged recovery of stolen motorcycle not appears to be made from his exclusive possession. It is further submitted that seizure list of alleged motorcycle is also appearing doubtful, being not supported by independent witness rather by police personnel. While concluding argument, it is 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, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer for grant of bail to the petitioner.

7. In view of aforesaid facts and circumstances and by taking note of fact as alleged stolen motorcycle not appears to be recovered from conscious physical possession of this petitioner, where seizure list appears doubtful, being not supported by independent witnesses, coupled with the fact that charge-sheet has already submitted, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten

Patna High Court CR. MISC. No.63946 of 2024(2) dt.11-09-2024 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned I/c Judicial Magistrate-1st, Nalanda at Biharsharif/concerned court in connection with Sohsarai P.S. Case No.128 of 2024, subject to the conditions as laid down under Section 437(3) of the CrPC/under Section 480(3) of BNSS.

(Chandra Shekhar Jha, J.) Sanjeet/- U T