← Library
Patna High CourtCR. MISC./42515/2017bail granted

Bittu Kumar @ Vinit Kumar v. The State Of Bihar

2017-09-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42515 of 2017 Arising Out of PS.Case No. -183 Year- 2017 Thana -RUPASPUR District- PATNA ====================================================== Bittu Kumar @ Vinit Kumar, Son of Ram Ajay Singh, Resident of VillageBasant Chowk, P.S.- Phulwarisharif, District- Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Pushpendra Kumar Singh, Advocate. For the Opposite Party : Mr. Nagendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 14.06.2017 in connection with Rupaspur P.S. Case No. 183/2017 registered for the offences instituted under Sections 420 and 414/34 of the IPC.

The prosecution story, in brief, is that the police recovered one stolen motorcycle on which the petitioner and other were found riding.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 14.06.2017. The charge sheet has been submitted in the present case. He has falsely been implicated in the present case due to mistake of fact. There is

Patna High Court Cr.Misc. No.42515 of 2017 (2) dt.19-09-2017 2/2 no allegation of tampering with the witnesses alleged against the petitioner. The recovered motorcycle has not been put on T.I. Parade nor there is any claimant of the recovered motorcycle in question. There is no compliance of Section 100 Cr. P.C. It has been submitted by learned counsel for the State that the petitioner is named in the F.I.R.

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. II, Danapur, Patna, in connection with Rupaspur P.S. Case No. 183/2017.

U.K./- (Sudhir Singh, J) U T