Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18669 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -GARAUL District- VAISHALI(HAJIPUR) ======================================================

1. Suman Kumar, S/o Chandradeo Singh, aged about 20 years, Resident of Village- Babhantoli, P.S.- Goraul, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash Sinha, Mr. Sujit Kumar For the Opposite Party/s : Mr. M. Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-05-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Goraul P.S. Case No. 04 of 2017 registered for the offences punishable under Sections 413 and 414 of the Indian Penal Code. Allegedly, the petitioner and co-accused Alok Kumar were apprehended with two motorcycles for which no paper was produced and they confessed that the same are stolen one. Further the petitioner confessed that he has kept three stolen pump-sets in his house and from the house of the petitioner three pump-sets were recovered.

Submission is of false implication and that nothing has been recovered from conscious possession of the petitioner. There

Patna High Court Cr.Misc. No.18669 of 2017 (2) dt.10-05-2017 2/2 is no report of theft regarding the motorcycles and motor pumpsets. The petitioner is in custody since 04.01.2017. Co-accused Alok Kumar has already been allowed bail by the learned lower court itself and, as such, the petitioner also deserves sympathetic consideration.

The learned A.P.P. fairly submits that from the house of the petitioner three pump-sets have been recovered. In the facts and circumstances stated above, the above named petitioner is directed to be released on bail after completion of six months in custody from the date of his remand on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Goraul P.S. Case No. 04 of 2017 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T