Chandan Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12548 of 2018 Arising Out of PS. Case No.-16 Year-2018 Thana- SIKANDARA District- Jamui ======================================================
1. Chandan Kumar,
2. Rocky Kumar, Both are sons of Late Ajit Kumar, Resident of Mohalla- Sheikhpura, Bhagwati Chauk, P.S.- Sheikhpura, District- Sheikhpura.
3. Bittu Kumar, Son of Abhay Shankar Singh, Resident of VillageGirhinda, P.S.- Sheikhpura, District- Sheikhpura.
4. Vinod Kumar, Son of Arjun Mahto,
5. Ashok Kumar, Son of Late Mahabir Mahto, Both are resident of Village- Jakhaur, P.S.- Ariayari, District- Sheikhpura.
6. Anandi Yadav, Son of Bak Yadav, Resident of Village- Lachhana, P.S.- Sheikhpura, District- Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pravin Kumar For the State :
Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 19-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner, already in custody, seeks bail in connection with Sikandra PS Case No.16 of 2018, registered under Section 365 of the Indian Penal Code.
Allegation in brief is that the tractor driver of the informant and his co-villager called the brother of the informant thereafter accused persons reached there on two vehicles and started assaulting his brother and made an attempt to kidnap him but apprehended by the informant's side and handed over to the police. Learned counsel for the petitioner submits that a day prior to the occurrence, tractor of the petitioners' side was stolen and some
Patna High Court Cr.Misc. No.12548 of 2018(3) dt.19-04-2018 2/2 information was received that parts of the tractor were purchased by the informant side and some parts also fitted in his tractor, so to ascertain the fact they reached there but were caught by the informant side and handed over to the police. Further submission is that during investigation, some witnesses in para 30 and 31 of the case diary have stated this fact and also submits that the case of theft of tractor and trailer was also instituted by the petitioners side, moreover petitioners are in custody since 25.12.2018; whereas learned counsel for the informant submits that the case of the petitioners side was lodged a day after with regard to the theft of the tractor and no parts of the tractor of the petitioners side was recovered from him.
Having considered the aforesaid facts and circumstances and the statements of witnesses regarding the dispute, petitioners, namely, Chandan Kumar, Rocky Kumar, Bittu Kumar, Vinod Kumar, Ashok Kumar and Anandi Yadav are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jamui in connection with Sikandra PS Case No.16 of 2018.
(Arun Kumar, J) S.KUMAR/- U T