Ritik Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.979 of 2020 Arising Out of PS. Case No.-148 Year-2019 Thana- BARUN District- Aurangabad ====================================================== Ritik Kumar, Son of - Shri Virendra Singh Resident of Village - Jagdishpur, Police Station - Jamhore, District - Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Nivedita Nirvikar For the Opposite Party/s :
Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-05-2020 Heard Ms. Nivedita Nirvikar, learned counsel for the petitioner and learned counsel appearing for the State, through video conferencing.
The petitioner seeks regular bail in connection with Barun P.S. Case No. 148 of 2019, registered for the offence punishable under Section 379 of Indian Penal Code. The allegation against the petitioner is that on 16.06.19 the red coloured Tractor along with trailor belonging to the informant was parked near Son Plaza Hotels, G.T. Road and the same was stolen by unknown persons.
Learned counsel for the petitioner submits that the petitioner is not named in the FIR. The name of the petitioner has transpired during the course of investigation on the basis of confessional statement of the co-accused, Abhishek Kumar and
Patna High Court CR. MISC. No.979 of 2020(3) dt.28-05-2020 2/3 Prince Kumar. Learned counsel further submits that no recovery has been made from the possession of the petitioner and the petitioner is in custody since 30.11.2019. On the other hand, learned counsel for the State submits that petitioner has got criminal antecedent inasmuch as per para 3 of the bail petition, it is evident that two cases are pending against the petitioner. Learned counsel for the petitioner however submits that Jamhore P.S. Case No.85 of 2019 has wrongly been referred in para-3 of the bail application inasmuch as the petitioner is not an accused the said police case. Having heard learned counsel for the parties and taking into consideration the fact that the petitioner is in custody since 30.11.2019 and no recovery has been made from the possession of the petitioner, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad, in connection with Barun P.S. Case No. 148 of 2019 (G.R. No.1083 of 2019).
It is made clear that at the time of furnishing bail bond
Patna High Court CR. MISC. No.979 of 2020(3) dt.28-05-2020 3/3 all the parties shall follow the guidelines regarding lockdown and social distancing.
sanjeev/- (Anil Kumar Sinha, J) U T