A single judge granted regular bail to the petitioner charged with offences under the IPC and the Arms Act, finding he was the true owner of the seized motorcycle and observing that the charge-sheet had been submitted.
Petitioner released on bail on furnishing bond of Rs. 20,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31101 of 2021
Arising Out of PS. Case No.-196 Year-2020 Thana- PATEPUR District- Vaishali
======================================================
MANOJ SAH Son of Bhagwat Sah Resident of Village- Sumerganj, P.S.Goraul (Kathara O.P.), District- Vaishali.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anirudh Kumar Sinha, Adv. For the Opposite Party/s : Mr. Ataur Rahman, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
5 24-03-2022
Heard Mr. Anirudh Kumar Sinha, learned counsel
for the petitioner and Mr. Ataur Rahman, Additional Public Prosecutor for the State.
Petitioner seeks regular bail in connection with Patepur PS Case No. 196/2020 registered for the offence punishable under Sections 399/402/414 of the IPC and Section 25(1-b) a/26/35 of the Arms Act.
Allegation in a nutshell is that the police, on the basis of secret information that some miscreants have assembled, proceeded towards the place of occurrence and apprehended five accused persons and recovered fire arms, motorcycle, mobile phones etc., and from the possession of petitioner one motorcycle and one mobile were recovered.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as
Patna High Court CR. MISC. No.31101 of 2021(5) dt.24-03-2022 2/2
the mobile and motorcycle which have, allegedly, been recovered from the possession of the petitioner, the same belong to the petitioner which would be evident from Annexure-2 to the supplementary affidavit filed in this case.
Learned counsel further submits that the petitioner is in custody since 17.09.2020 and the charge-sheet in the matter has been submitted.
Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner is the owner of the motorcycle which was seized by the police, he is in custody since 17.09.2020 and the charge-sheet in the matter has been submitted, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, MANOJ SAH be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 3rd Vaishali, Hajipur in connection with Patepur PS Case No. 196/2020.
(Anil Kumar Sinha, J)
perwez
U T
2 issues framed by the court
Whether the petitioner, who is the owner of the recovered motorcycle, is entitled to regular bail given the completion of investigation and charge-sheet.
Whether the recovery of the motorcycle and mobile from the petitioner's possession discredits the allegation of false implication.
2 provisions across 2 enactments
Manoj Sah
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
