Patna High CourtCR. MISC./70986/2024bail granted

Sourav Kumar @ Saurabh Kumar v. The State Of Bihar

2024-10-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70986 of 2024 Arising Out of PS. Case No.-304 Year-2024 Thana- BAHADURPUR District- Darbhanga ====================================================== Sourav Kumar @ Saurabh Kumar S/O Ram Khelawan Sah Resident of Village- Bataha, P.S.- Rosera, Dist.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. Learned counsel for the petitioner is permitted to make necessary correction in the provision portion of the petition during course of the day.

3. The petitioner seeks bail in Bahadurpur P.S. Case No. 304 of 2024, instituted for the offences punishable under Sections 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

4. The prosecution case, in short, is that, during course of vehicle checking the petitioner riding a scooty was apprehended by the police party and on demand of valid documents the petitioner failed to produce the same.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No

Patna High Court CR. MISC. No.70986 of 2024(2) dt.05-10-2024 2/2 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that the petitioner has no knowledge that the scooty is a stolen property. The petitioner is working as a servant of Chandan Singh and Kundan Singh and as per their order he went to purchase sweets by the said scooty. The petitioner is in custody since 13.08.2024 and has got no criminal antecedent.

6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bahadurpur P.S. Case No. 304 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T