Ramsubhag Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66565 of 2024 Arising Out of PS. Case No.-557 Year-2023 Thana- ARWAL District- Jehanabad ====================================================== Ramsubhag Kumar Singh S/o Jagdish Singh R/o Village- Mahuari, PSArwal, Dist.- Arwal ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Kumar Kaushlendra, Advocate For the State :

Mr. Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 07-10-2024 Heard Mr. Kumar Kaushlendra, learned counsel for the Petitioner and Mr. Binod Kumar No. 3, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Arwal P.S. Case No. 557 of 2023 dated 05.11.2023 registered for the offence punishable under Section 379 of the Indian Penal Code.

3. The main submissions advanced by learned counsel appearing for the petitioner are that the instant matter relates to the theft of informant's motorcycle and admittedly, the FIR was registered against unknown and during the course of investigation, the petitioner's own motorcycle was seized by the police and the stolen motorcycle of the present matter was recovered at a petrol pump and thereafter, it was alleged that the

Patna High Court CR. MISC. No.66565 of 2024(2) dt.07-10-2024 2/3 engine number of the informant's motorcycle was found in the motorcycle of the petitioner and mainly on that basis, the petitioner was suspected to have stolen the informant's motorcycle but the said reason is completely absurd and not believable as petitioner's motorcycle was newer than the informant's motorcycle and the same was validly purchased by the petitioner, so, there was no reason to get the informant's motorcycle's engine number upon his own validly purchased motorcycle and further, the petitioner has fair and clean antecedent and has not been involved in similar offence prior to the commission of the occurrence relating to the present matter.

4. Learned APP for the State has opposed the prayer for bail of the petitioner.

5. Considering the facts and circumstances of this case as well as above submissions and mainly taking into account the fair and clean antecedent of the petitioner and also the fact that as per above submission, the informant's motorcycle has been recovered and the alleged offence is triable by First Class Magistrate, this Court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks

Patna High Court CR. MISC. No.66565 of 2024(2) dt.07-10-2024 3/3 from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Arwal P.S. Case No. 557 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) maynaz/- U T