Ganesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2368 of 2025 Arising Out of PS. Case No.-219 Year-2024 Thana- RAJAOLI District- Nawada ====================================================== Ganesh Singh S/o Janaki Singh R/o Village- Baratand, PS- Rajauli, Distt.- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vivek Kumar Sinha For the Opposite Party/s :
Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-01-2025
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail arises out of Rajauli Police Station Case No. 219 of 2024, dated 10.05.2024, disclosing offence under 379/414/411/34 of the Indian Penal Code .
3. The prosecution case, as per the First Information Report, is that on 09.05.2024, the police, on the basis of secret information that some stolen motorcycles were being used for illegal trade of mica, liquor and other illegal activities, reached Jhalakdiha in the night and during the course of raid, three motorcycles were seized from near the house of co-accused Majahar Miyan, one motorcycle was recovered from the house of co-accused Kadir Miyan, one motorcycle was recovered from the house of co-accused Javed Miyan and three motorcycles were
Patna High Court CR. MISC. No.2368 of 2025(2) dt.28-01-2025 2/3 recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is having no criminal antecedents and he has been made accused on the basis that four stolen motorcycles were recovered from near the house of the petitioner. He next submits that the seized motorcycles, in question, were not recovered from the conscious possession of the petitioner and/or from the premises belonging to him, but the same have been recovered from near his house in abandoned condition. The petitioner is having no criminal antecedent. He further submits that similarly situated co-accused persons, namely, Javed Miya @ Javed Ali @ Jawed Ali, who has been granted anticipatory bail by this Court in Cr. Misc. No. 74348 of 2024.
5. Regards being had to the submission made by the parties and taking into consideration the fact that the similarly situated co-accused persons has been granted anticipatory bail by this Court and the petitioner is having no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
Patna High Court CR. MISC. No.2368 of 2025(2) dt.28-01-2025 3/3
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Nawada, in connection with Rajauli Police Station Case No. 219 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T