The Patna High Court granted regular bail to the petitioner under Sections 411, 413, 414, 467, 478, 471/34 IPC, directing release only after framing of charges, noting a co-accused was similarly released.
Directed to release petitioner on bail only after framing of charge to the satisfaction of the Court below.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7477 of 2022
Arising Out of PS. Case No.-540 Year-2021 Thana- DANAPUR District- Patna
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Prakash Kumar Son Of Sarvan Pandit R/O Village- Hulasi Sultanpur (KOAIRAI Tola), P.S.- Danapur, District- Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr. Usha Kumari Singh, Advocate. : Mr. Bijay Bhushan Prasad, Advocate. For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
3 21-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Danapur P.S. Case No. 540 of 2021 lodged under Sections 411, 413, 414, 467, 478, 471/34 of the Indian Penal Code.
The prosecution case is that the police got information that some person have come near Gosai Tola for the purpose of selling the theft motorcycle. With a view to verify the said information, the police reach there and on seeing the police party, the accused persons have fled away. There were 5 persons caught raid handed, they have disclosed their name including the present petitioner from whose possession theft
Patna High Court CR. MISC. No.7477 of 2022(3) dt.21-07-2022 2/3
motorcycles were recovered from the possession of the present petitioner and also upon verification from D.T.O. office, it has been found the motorcycle belongs to one Rahul Kumar Gaurav.
Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that he is in custody since 11.08.2021 and charge sheet has already been framed in this case. He further submits that the accused person namely, Chandan Kumar with similar allegation has been granted bail by the Co-ordinate Bench of this Court vide order dated 11.07.2022 passed in Cr. Misc. No. 485 of 2022. He is ready to fulfill all the conditions. Learned counsel for the petitioner has raised a plea that Chandan Kumar was granted bail with a condition that he may be released after framing of charge.
Learned counsel for the State opposes the prayer for bail and submits that in the case diary, the material has come that all the accused persons were found with theft motorcycle, and they are basically member of gang.
Considering the facts and circumstances and submissions made above of this case, the petitioner is directed to released on bail only after framing of charge to the satisfaction of learned Court below.
Patna High Court CR. MISC. No.7477 of 2022(3) dt.21-07-2022 3/3
With this observation, the bail application stands
disposed of.
(Dr. Anshuman, J.)
guddu/-
U T
1 issue framed by the court
Whether the petitioner is eligible for regular bail in the security of stolen motorcycle case.
Prakash Kumar
The State of Bihar
Dr. Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
