Vishal Kumar @ Bishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68546 of 2024 Arising Out of PS. Case No.-113 Year-2024 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Vishal Kumar @ Bishal Kumar Son of Sri Nath Bhagat Resident of village - Simariya, P.S.- Nautan, Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Anupam For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-10-2024 Heard the parties.

2. The petitioner seeks bail in connection with Siwan Muffasil P.S. Case No. 113 of 2024 registered for the offence under Sections 379 of the I.P.C.

3. The petitioner is not named in the F.I.R. and is in custody since 10.06.2024.

4. The allegation against the petitioner is of committing theft and while committing theft, stolen the motorcycle of informant alongwith unknown co-accused persons bearing registration no. BR-29-AE-3212.

5. Learned counsel appearing on behalf of the petitioner submitted that alleged recovery of stolen

Patna High Court CR. MISC. No.68546 of 2024(2) dt.04-10-2024 2/3 motorcycle was made from the gang of thieves and it was not said to be recovered specifically from the possession of petitioner. It is submitted that in fact petitioner was remanded in this case from Srirampur P.S. Case No. 89 of 2024 district -Deoria, Uttar Pradesh and as such, it can be said safely that recovery of alleged motorcycle was not made from his physical possession. It is further submitted by learned counsel that similarly situated co-accused, namely, Abhishek Singh has been granted bail by this Court in Cr. Misc. No. 63897 of 2024 vide order dated 11.09.2024. While concluding the argument, it is submitted that petitioner is found involved in six more criminal cases where he is on bail and moreover, 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

Patna High Court CR. MISC. No.68546 of 2024(2) dt.04-10-2024 3/3 and by taking note of fact as recovery of stolen motorcycle not prima-facie appears to be made from physical possession of this petitioner who is in custody since 10.06.2024, accordingly, petitioner above named, is directed to be released on bail in connection with Siwan Muffasil P.S. Case No. 113 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan/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) Sudha/- U T