PATNA, India, June 11 -- Patna High Court issued the following order on May 13:

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Harsidhi P.S. Case No. 685 of 2024 registered for the offence under Sections 317(5), 338, 336(3), 340(2) and 318(4) of the Bhartiya Nyaya Sanhita.

3. According to the case of prosecution, on 12.12.2024 on the basis of information received from informant, the SHO of P.S. Harsidhi reached the house of the present applicant from where he intercepted two four wheelers and made an entry as Sanha. Subsequently, on 13.12.2024, the present applicant was caught hold by the police party and on being inquired, it was found that both the vehicles are stolen and allegedly the present applicant was running both the vehicles with the forged documents. On the basis of aforesaid, offence has been registered.

4. Learned counsel for the petitioner would submit that the petitioner is innocent and has falsely been implicated in this case. He further submits that vehicles in question and other articles, which have been seized, have not been recovered from the conscious possession of the petitioner rather the same have been seized from the Harsidhi police station. In the seizure memo though the signature of the present applicant is available but the seizure memo does not reflect that the vehicles have been recovered from the conscious possession of the present applicant, therefore, prima facie no case of theft is made out against the present applicant. The present applicant is in custody since 13.12.2024 and he has no previous antecedent and the offence, as alleged in the F.I.R., is triable by the Magistrate. On these grounds, it is prayed that the petitioner may be granted benefit of bail.

5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.

6. Considering the submission put-forth by the learned counsel for the petitioner, I am of the view that it is a case where the applicant should be granted the benefit of bail. Accordingly, this application is allowed. Let the, above named, petitioner 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 learned Judicial Magistrate-1st Class, East Champaran, Motihari in connection with Harsidhi P.S. Case No. 685 of 2024.

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