Ashish Rajvanshi @ Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79040 of 2024 Arising Out of PS. Case No.-297 Year-2024 Thana- SIRDALA District- Nawada ====================================================== Sunil Kumar Son of Suresh Sao Resident of village-Chaili, P.S-Sirdala, DistNawada ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Nand Kishore Prasad Sinha, Advocate For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-01-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

2. Petitioner seeks bail in connection with Sirdala P.S. Case No. 297 of 2024 registered for the offences under Sections 317(5), 318(4), 61(2) of Bhartiya Nyay Sanhita (in short 'BNS').

3. The petitioner is named in the First Information Report and is in custody since 03.08.2024.

4. Allegation against the petitioner is to involve in dealing with stolen property where during search two stolen motorcycles were alleged to be recovered from the house of petitioner.

5. It is submitted by learned counsel appearing on

Patna High Court CR. MISC. No.79040 of 2024(3) dt.29-01-2025 2/3 behalf of the petitioner that name of this petitioner transpired on the basis of disclosure of apprehended co-accused namely, Saroj Kumar. It is pointed out that alleged stolen motorcycles appears to be recovered from the joint house of petitioner and same fact also surfaced during course of investigation. It is submitted that compliance of Section 103(5) of the Bhartiya Nagrik Suraksha Sanhita (in short 'B.N.S.S.') has not been followed in the present case.

6. While concluding argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is completed, where charge-sheet has already been submitted and as such, there is no chance of tampering with the evidence.

7. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

8. In view of factual submission as prima-facie recovery of stolen motorcycle appears doubtful from conscious physical possession of the petitioner, who is a man of clean antecedent, coupled with the fact that investigation of this case is already completed, where petitioner is in

Patna High Court CR. MISC. No.79040 of 2024(3) dt.29-01-2025 3/3 custody since 03.08.2024, accordingly, accordingly, abovenamed petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada/concerned court, in connection with Sirdala P.S. Case No. 297 of 2024, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").

(Chandra Shekhar Jha, J) Rajeev/- U T