Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67669 of 2022 Arising Out of PS. Case No.-431 Year-2022 Thana- NAWADA District- Nawada ====================================================== Ravi Kumar Son of Munilal Prasad @ Munilal Singh R/O Bus Stand No. 3, Nawada, P.S- Nawada, Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Nawada P.S. Case No. 431 of 2022 registered for the offence under Section 379 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 02.07.2022.

The allegation against the petitioner is to commit theft alongwith unknown co-accused persons and while committing so taken away a motorcycle belongs to informant. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.67669 of 2022(2) dt.14-03-2023 2/3 submitted that the name of petitioner surfaced on the basis of confessional statement of co-accused, namely, Nitish Kumar, who was apprehended on the basis of description as given by the informant on the basis of CCTV footage installed in nearby locality of the place of occurrence. It is further submitted that subsequent to arrest in present case, petitioner was also named in 04 cases on the basis of his self-confession, whereas prior to this occurrence his antecedent was clean. It is also submitted that no recovery of stolen motorcycle, as alleged was made from the possession of this petitioner and petitioner was also not subjected to TIP as yet. While concluding the argument, it has been submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as no recovery of stolen motorcycle appears to be made from the possession of this petitioner, coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Nawada P.S. Case No. 431 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.67669 of 2022(2) dt.14-03-2023 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T