Shankar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 64454 of 2024 Arising Out of PS. Case No.-214 Year-2024 Thana- MOTIPUR District- Muzaffarpur ====================================================== Shankar Ray S/o- Sukdev Ray Village- Chak Nagari P.S-Mehsi DistrictMotihari East Champaran ... ... 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 petitioner seeks 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 petitioner is named in the F.I.R. and is in custody since 16.06.2024.
4. The allegation against the petitioner is to have in possession of three stolen motorcycles alongwith other co-accused persons.
5. Learned counsel appearing on behalf of the petitioner submitted that as petitioner was running
Patna High Court CR. MISC. No. 64454 of 2024(2) dt.11-09-2024 2/3 garage where three motorcycles were found parked, on the basis of suspicion, he was falsely implicated with present case. It is further submitted that the alleged recovery not appears to be made from conscious physical possession of petitioner, who is a man of clean antecedent. 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 stolen motorcycles appears prima-facie doubtful from conscious physical possession of petitioner, who is a man of clean antecedent and is in custody since 16.06.2024, accordingly petitioner above named, is 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) with two sureties of the like amount each to the satisfaction
Patna High Court CR. MISC. No. 64454 of 2024(2) dt.11-09-2024 3/3 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