Patna High CourtCR. MISC./76229/2024bail granted

Sahil Singh @ Suraj Singh v. The State Of Bihar

2024-10-23Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76229 of 2024 Arising Out of PS. Case No.-167 Year-2024 Thana- KHAGAUL District- Patna ====================================================== Sahil Singh @ Suraj Singh Son of Kameshwar Singh Resident of VillageChristian Colony, New Police Lane, Police Station -Nawada, DistrictBhojpur at present residing at Milat Colony, P.S.- Phulwari Sherrif, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Srijan, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with Khagaul P.S. Case No. 167 of 2024, registered for the offences under Sections 379, 411, 413 and 414 of the Indian Penal Code.

3. As per prosecution case, motorcycle of the informant was stolen by unknown thieves. The name of the petitioner transpired during investigation for being involved in stealing the motorcycle.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has no role in the

Patna High Court CR. MISC. No.76229 of 2024(2) dt.23-10-2024 2/3 alleged occurrence. At no point of time the petitioner was ever involved in the offence as alleged. Petitioner is not even named in the FIR and only on suspicion he has been apprehended by the police. The petitioner was not apprehended from the spot and nothing incriminating has been recovered from his person or possession. The petitioner is in custody since 06.06.2024 and is having clean antecedent.

5. Learned A.P.P. for the State opposes the submission made on behalf of the petitioner. Learned APP further submits that it appears from the rejection order of the learned Additional Sessions Judge, Danapur that the recovery of three motorcycles were made on the disclosure of this petitioner apart from recovery of a key of the motorcycle from the possession of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner coupled with his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned ACJM-V, Danapur at Patna/concerned court in connection with Khagaul P.S. Case No. 167 of 2024,

Patna High Court CR. MISC. No.76229 of 2024(2) dt.23-10-2024 3/3 subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T