Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20725 of 2015 Arising out of PS.Case No. -283 Year- 2014 Thana -BAKHTIYARPUR District- PATNA ====================================================== Vivek Kumar, Son of Sri Ramu Singh @ Raju Singh, resident of Village Sirsi, P.S.- Bakhatiarpur District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Niranjan Kumar, Advocate. For the Opposite Party : Mr. Parmeshwar Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-06-2015 The petitioner is languishing in custody since 16.12.2014 in connection with Bakhtiarpur P.S. Case No. 283 of 2014 for the offences instituted under Section 395 of the Indian Penal Code.

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

The prosecution story, in brief, is that 5-6 unknown dacoits covered their face, entered into the informant's house and committed dacoity on the point of deadly weapon and took away Rs. 15,000/- cash and gold ornaments valued Rs. 60,000/- alongwith mobile sets and LED T.V.

It has been submitted on behalf of the petitioner that the petitioner is not named in the F.I.R. It has further been submitted

Patna High Court Cr.Misc. No.20725 of 2015 (2) dt.08-06-2015 2 / 2 that the informant in his restatement after though has named the petitioner in course of investigation. Further it has been submitted that there is no recovery from possession of the petitioner. It has further submitted that the petitioner has got no criminal antecedent and he is in custody since 16.12.2014.

On behalf of the State, it has been submitted that the name of the petitioner has come in restatement of the informant and other inmates of the house.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned A.C.J.M., Barh, Patna, in connection with Bakhtiyarpur P.S. Case No. 283 of 2014. U.K./- (Sudhir Singh, J) U T