Vikki Kumar @ Vikki Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9802 of 2019 Arising Out of PS. Case No.-230 Year-2018 Thana- DAUDPUR District- Saran ====================================================== Vikki Kumar @ Vikki Prasad S/o Dharmjeet Prasad @ Dharmjeet Narayan Prasad R/o Village- Inayatpur , P.S- Daudpur, District- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Maheshwar Prasad For the Opposite Party/s :
Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Daudpur P.S. Case No.230 of 2018 registered under Sections 379 and 411/34 of the Indian Penal Code. The accusation is that the informant was informed by his villager Sushil Rai that when he was coming to his house after watching the orchestra programme, then he saw that Suraj Saw and this petitioner was carrying his engine towards pond loading on Thela. Thereafter, the informant and Sushil Rai in the morning of 23.11.2018, went to the house of Suraj Saw, where the volt and nut of the engine was found and Suraj Sah was not found there. On search, he was found sleeping in a
Patna High Court CR. MISC. No.9802 of 2019(3) dt.10-05-2019 2/2 temple. On query, Suraj Sah disclosed that he sent the engine with the petitioner on loading the pickup van for selling. Learned counsel for the petitioner submits that no incriminating material has been recovered from the possession of the petitioner. It is further submitted that from perusal of the case diary, which is up-to paragraph-41, it appears that the engine of the informant could not be recovered. The petitioner has no criminal antecedent.
Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri R.M. Tiwary, First Class, Judicial Magistrate, Saran at Chapra, in connection with Daudpur P.S. Case No.230 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T