Ram Bilash Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73459 of 2022 Arising Out of PS. Case No.-221 Year-2022 Thana- RAHIKA District- Madhubani ====================================================== RAM BILASH KAMAT Son of Ram Chandra Kamat R/V- Bela Tol, P.SHarlakhi, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav, Advocate Mr.Ravi Prakash, Advocate Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP 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 Rahika P.S. Case No. 221 of 2022 registered for the offence under Section 414 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 14.10.2022.

The allegation against the petitioner is to have in possession of stolen motorcycle.

Patna High Court CR. MISC. No.73459 of 2022(2) dt.20-03-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that as petitioner was found standing near to alleged motorcycle, under misconception of fact, petitioner made accused in the present case. It is submitted that alleged stolen motorcycle was recovered on 13.09.2022 for which FIR was lodged on 14.10.2022 after one month of recovery. It is further submitted that seizure list is also appearing doubtful being not supported by independent witnesses, rather by police personnels. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is complete, 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.

In view of the facts and circumstances as mentioned above, as FIR was lodged after one month of recovery, where petitioner is in custody since 14.10.2022 coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Rahika P.S. Case No. 221 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.73459 of 2022(2) dt.20-03-2023 3/3 Magistrate, Madhubani/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T