Ashok Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86959 of 2024 Arising Out of PS. Case No.-601 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== Ashok Sah S/O Ramchandra Sah Resident of village- Bazar Road Ghorasahan Thatheri Patti, P.S.- Ghorasahan District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Ghorasahan P.S. Case No. 601 of 2022 instituted for the offence under Sections 413, 414 & 34 of the Indian Penal Code. 3.

As per prosecution case, 408 stolen watches of different companies were recovered from co-accused Naushad. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30-08-2024. Petitioner bears no criminal antecedent, as per disclosure made in

Patna High Court CR. MISC. No.86959 of 2024(4) dt.16-04-2025 2/3 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused, namely, Naushad Alam, from whom, there is recovery of 17 Titan company watches and 408 watches of different companies. Nothing incriminating has been recovered from the possession of the petitioner. There is no compliance of Section 100 of the Cr.P.C. Charge sheet is submitted in this case. Other co-accused has been granted bail by a Co-ordinate Bench of this Court vide order dated 02-08-2024, passed in Cr. Misc. No. 50816 of 2024.

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, no recovery from the petitioner's possession and charge sheet 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

Patna High Court CR. MISC. No.86959 of 2024(4) dt.16-04-2025 3/3 Court below/concerned Court in connection with Ghorasahan P.S. Case No. 601 of 2022.

(Rudra Prakash Mishra, J) Raj Kishore/- U T