Sudesh Kumar @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90062 of 2024 Arising Out of PS. Case No.-125 Year-2020 Thana- MUFFASIL District- Aurangabad ====================================================== Sudesh Kumar @ Chhotu Kumar S/o Kashi Yadav R/o Village- Bala Pokhar, P.S- Deo, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Mukul Kumari, Advocate For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-01-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Muffasil P.S.Case No.125 of 2020, G.R. No.1276 of 2020, registered under Section 414 of the Indian Penal Code.

3. As per the allegation made in the FIR, a stolen motorcycle was recovered from the possession of co-accused Sunil Kumar.

4. Learned counsel appearing on behalf of the petitioner submitted that due to enmity, co-accused, Sunil Kumar, from whose possession the stolen motorcycle is said to been been recovered, has named the petitioner while he was in Police custody, which has no evidentiary value. From perusal of the FIR, no ingredient of Section 414 of IPC is made out against the petitioner. The petitioner has one criminal antecedent but

Patna High Court CR. MISC. No.90062 of 2024(2) dt.17-01-2025 2/2 he is on bail in that case.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made in the FIR, as well as, the fact that the stolen motorcycle has been recovered from the possession of co-accused Sunil Kumar., the petitioner, above named, is directed tobe released on bail, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-VII, Aurangabad in connection with Muffasil P.S.Case No.125 of 2020, subject to the condition as laid down under Secton 438 (2) of the Cr.P.C.

7. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) chn/- U