Vikash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16519 of 2021 Arising Out of PS. Case No.-11 Year-2020 Thana- KALUAHI District- Madhubani ====================================================== Vikash Singh S/O Harendra Singh R/o village- Nararh West, P.S.- Kaluahi, District- Madhubani ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kaluahi P.S. Case No. 11 of 2020 instituted for the offences under Sections 379, 386, 356 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 18.08.2020 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the informant alleges that while he was going to his sister's place on 16.01.2020 from his village Arraha and when he reached near Narar Garibnath Chowk, the petitioner along with three others overtook his motorcycle and forcefully

Patna High Court CR. MISC. No.16519 of 2021(3) dt.23-11-2021 2/3 stopped him and took away his mobile and the new motorcycle which he was driving. The informant further alleged that he recognized the petitioner and thereafter it is alleged that the informant went to the house of the petitioner asking him to return his mobile and the motorcycle on which the parents of the petitioner assured that same would be returned. Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the petitioner and the informant were known and in friendship, the mobile and the motorcycle was taken by this petitioner which gets established by the fact that the informant had gone to the house of the petitioner for getting his mobile and motorcycle back but it was only when the same was not handed over to him promptly, the present case came to be instituted.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 18.08.2020, charge-sheet has been submitted in the case and the co-accused Lakshmi Yadav has been granted bail by the learned court below, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten

Patna High Court CR. MISC. No.16519 of 2021(3) dt.23-11-2021 3/3 Thousand only) with two sureties of the like amount each to the satisfaction of Shri Gopal Prasad Gupta, learned Judicial Magistrate, 1st Class, Madhubani in connection with Kaluahi P.S. Case No. 11 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T