Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81999 of 2024 Arising Out of PS. Case No.-214 Year-2024 Thana- MOTIPUR District- Muzaffarpur ====================================================== Pintu Kumar, Son of Shankar Rai, Resident of Village - Chaknagari, P.S. - Mehsi, District - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-01-2025

1. Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Motipur P.S. Case No. 214 of 2024 registered for the offence under Sections 414, 413/34 of the Indian Penal Code.

3. The accused/petitioner is named in the F.I.R. and is in custody since 21.08.2024.

4. The allegation against the petitioner is to have in possession of three stolen motorcycles alongwith other co-accused persons.

Patna High Court CR. MISC. No.81999 of 2024(2) dt.18-01-2025 2/3

5. Learned Counsel appearing on behalf of the petitioner submitted that the name of petitioner transpired on the basis of disclosure made by apprehended co-accused persons, where one of the co-accused person, namely Shankar Rai was running a garage, where in front of which three motorcycles was parked and on the basis of suspicion, believing that same was stolen, accused persons including petitioner was implicated. It is submitted that no stolen motorcycle was recovered from the physical possession of this petitioner. It is further pointed out that the petitioner found involved in one more criminal case, where he is on bail and, moreover, investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP, opposes the prayer of bail.

7. Considering the facts and

Patna High Court CR. MISC. No.81999 of 2024(2) dt.18-01-2025 3/3 circumstances and by taking note of fact as the alleged stolen motorcycle not prima facie appears to be recovered from the physical possession of this petitioner, coupled with the fact that investigation of this case is already completed, where petitioner is in custody since 21.08.2024, accordingly, petitioner above named, is directed to be released on bail in connection with Motipur P.S. Case No. 214 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st (West), Muzaffarpur/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. /Section 480(3) of BNSS.

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