Patna High CourtCR. MISC./87859/2024bail granted

Ramashish Kumar v. The State Of Bihar

2025-01-08Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87859 of 2024 Arising Out of PS. Case No.-21 Year-2022 Thana- HISUWA District- Nawada ====================================================== Ramashish Kumar S/O Naresh Yadav Resident Of Village - Tegaini, P.SFatehpur, District - Gaya ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sheo Kumar Prasad, Advocate For the State :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 08-01-2025 Heard Ld. counsel for the petitioner and Ld. APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Hisua P.S. Case No. 21 of 2022, registered for the offences punishable under Sections 414 of the Indian Penal Code.

3. As per allegation, a stolen motorcycle has been recovered from the possession of the petitioner.

4. Ld. counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that he had purchased this motorcycle from one Rajnish Kumar and he was no way aware of the fact that the motorcycle was a stolen one.

5. It is also stated in paragraph no. 2 of the bail

Patna High Court CR. MISC. No.87859 of 2024(2) dt.08-01-2025 2/3 petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Chief Judicial Magistrate, Nawada, in connection with Hisua P.S. Case No. 21 of 2022, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

Patna High Court CR. MISC. No.87859 of 2024(2) dt.08-01-2025 3/3 (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T