Patna High CourtCR. MISC./69135/2019bail granted

Rakesh Sah v. The State Of Bihar

2019-12-04Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69135 of 2019 Arising Out of PS. Case No.-86 Year-2019 Thana- KOPA District- Saran ====================================================== RAKESH SAH S/o Late Janardan Sah R/o village- Piyano, P.S.- Kopa, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-12-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Kopa Police Station Case No. 86 of 2019, registered for the offence punishable under Section 414 of the Indian Penal Code. The allegation against the petitioner is that the police intercepted two persons riding on a motorcycle and on seeing the police, they tried to flee away, but the police apprehended them and also seized the motorcycle, which has been alleged to be a stolen motorcycle.

Learned Counsel for the petitioner submits that the petitioner has got no criminal antecedent and has falsely been implicated by the police in the present case with oblique motive. He further submits that from the seizure list, it does not appear

Patna High Court CR. MISC. No.69135 of 2019(2) dt.04-12-2019 2/2 that the said motorcycle was recovered from the possession of the petitioner. He further submits that the petitioner is in judicial custody since 12.06.2019 Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is in judicial custody since 12.06.2019 having no criminal antecedent, I am inclined to enlarge the petitioner on bail.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 5th Additional Chief Judicial Magistrate, Saran, at Chapra, in connection with Kopa Police Station Case No. 86 of 2019.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √