Awadhesh Kumar @ Awadhesh Ram @ Awadesh Kumar @ Awadesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 64129 of 2024 Arising Out of PS. Case No.-45 Year-2024 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Awadhesh Kumar @ Awadhesh Ram @ Awadesh Kumar @ Awadesh Ram Son of Arun Kumar @ Arun Kumar Ram Resident of Village- Balua Guabari Balua Tola, Police Station -Kundwa Chainpur, District -East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-09-2024 Heard the parties.

2. The petitioner seeks bail in connection with Kundwa Chainpur P.S. Case No. 45 of 2024 registered for the offence under Sections 379, 411/34 of the I.P.C.

3. The petitioner is not named in the F.I.R. and is in custody since 09.04.2024.

4. The allegation against the petitioner is to have in possession of stolen motorcycle bearing registration no. BR22Y2526.

5. Learned counsel appearing on behalf of the petitioner submitted that the facts of this case clearly

Patna High Court CR. MISC. No. 64129 of 2024(2) dt.11-09-2024 2/3 suggest that alleged recovery was not made from conscious physical possession of this petitioner. It is further submitted that petitioner has been falsely implicated in present case on the basis of self-confession and admittedly, he was not apprehended alongwith stolen motorcycle. While concluding the argument, it is submitted that the investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer of bail.

7. In view of aforesaid facts and circumstances as the recovery of alleged motorcycle appears primafacie doubtful from conscious physical possession of petitioner, coupled with fact that charge-sheet has already been submitted where petitioner is in custody since 09.04.2024, accordingly petitioner above named, is directed to be released on bail in connection with . Kundwa Chainpur P.S. Case No. 45 of 2024 on

Patna High Court CR. MISC. No. 64129 of 2024(2) dt.11-09-2024 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sikrahana at Dhaka, East Champaran at Motihari /concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.

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