Kanchan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71434 of 2024 Arising Out of PS. Case No.-214 Year-2024 Thana- RAGHOPUR District- Vaishali ====================================================== 1.

Kanchan Ray S/O- Devnandan Ray Village- Saidabad Ps- Raghopur DistVaishali 2.

Ajad Kumar S/O- Devnandan Ray Village- Saidabad Ps- Raghopur DistVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ganesh Prasad Singh, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Raghopur P.S. Case No. 214 of 2024 instituted for the offence under Sections 317(4), 317(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

As per prosecution case, the police has apprehended the petitioners along with the stolen motorcycle. 4.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 01-08-2024. Petitioners are man of clean antecedent.

Patna High Court CR. MISC. No.71434 of 2024(2) dt.21-10-2024 2/3 5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. Charge sheet has already been submitted in this case. Learned counsel next submits that petitioner No.1 has purchased the motorcycle in question from one Deepak Kumar. There is no compliance of Section 103 of the BNSS. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners, charge sheet being submitted and clean antecedent of the petitioners, this Court is inclined to grant bail to the petitioners. 8.

Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Raghopur P.S. Case No. 214 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioners.

(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on

Patna High Court CR. MISC. No.71434 of 2024(2) dt.21-10-2024 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

(Rudra Prakash Mishra, J) Raj Kishore/- U T