Jitendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76514 of 2023 Arising Out of PS. Case No.-195 Year-2023 Thana- BIHIA District- Bhojpur ====================================================== Jitendra Singh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Kumar Mishra, Advocate For the State :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bihiya P.S. Case No. 195 of 2023 instituted for the offence under Section 379 of the Indian Penal Code.

3.

Prosecution story in brief is that on a written application submitted by the informant that his vehicle has been stolen on 01.08.2023 in the morning around 7:30 A.M., the police party conducted a search of the missing vehicle. Upon patrolling after being intercepted by the police party, the petitioner along with three co-accused persons started to fleeing away, but in the course, the petitioner was apprehended. Upon search, the stolen vehicle was recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.76514 of 2023(2) dt.04-12-2023 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 02-08-2023. Petitioner has no criminal antecedents.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case on the basis of suspicion. In fact, petitioner has no concern with the recovery of the stolen vehicle and he works as a labour in a factory for his livelihood. It has also been submitted that the charge-sheet has been submitted.

6.

Learned A.P.P. 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, period of custody of the petitioner, nature of allegation, and the charge-sheet having being submitted, 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/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bihiya P.S. Case No. 195 of 2023 subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.76514 of 2023(2) dt.04-12-2023 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. (Rudra Prakash Mishra, J) Raj kishore/- U T