Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64128 of 2024 Arising Out of PS. Case No.-214 Year-2024 Thana- MOTIPUR District- Muzaffarpur ====================================================== 1.

Deepak Kumar Son of Om Prakash Thakur Resident of Village - Chak Nagari, P.S. - Mehsi, District - East Champaran (Motihari) 2.

Abhinandan Kumar Son of Lalbabu Ray Resident of Village - Chak Nagari, P.S. - Mehsi, District - East Champaran (Motihari) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pandey, Adv For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-09-2024 Heard the parties.

2. The petitioners seek bail in connection with Motipur P.S. Case No. 214 of 2024 registered for the offence under Sections 414, 413, 34 of the I.P.C.

3. The petitioners are named in the F.I.R. and are in custody since 16.06.2024.

4. The allegation against the petitioners is to have in possession of three stolen motorcycles alongwith co-accused persons.

5. Learned counsel appearing on behalf of the petitioners submitted that petitioners have been falsely

Patna High Court CR. MISC. No.64128 of 2024(2) dt.11-09-2024 2/3 implicated in present case as the alleged stolen motorcycles were deposited by different customers with garage of co-accused Shankar Ray who was running near to place of recovery. It is further submitted that petitioners not appears connected in any manner with present recovery, who are men of clean antecedent. While traveling over the argument, it is submitted that the facts of this case clearly suggest that alleged recovery was not made from conscious physical possession of these petitioners. While concluding 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 alleged recovery of alleged stolen motorcycles appears prima-facie doubtful from conscious physical possession of petitioners who are claimed to be men of

Patna High Court CR. MISC. No.64128 of 2024(2) dt.11-09-2024 3/3 clean antecedent and are in custody since 16.06.2024, accordingly petitioners above named, are directed to be released on bail in connection with Motipur P.S. Case No. 214 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st (West), Muzaffarpur/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