Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15867 of 2019 Arising Out of PS. Case No.-56 Year-2018 Thana- PATEPUR District- Vaishali ====================================================== VICKY KUMAR Son of Raj Kumar Singh Resident of Village - Chaknasir, P.S.- Patepur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 26-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner had earlier moved this Court for grant of bail in Cr. Misc. No. 48685 of 2018, which was rejected vide order dated 07.08.2018.

Petitioner is languishing in judicial custody since 14.04.2018 in connection with Patepur P.S. Case No. 56 of 2018 for offences punishable under Section 414/34 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that while on patrolling duty the petitioner along with another co-accused Sakinder Kumar Sahni was apprehended with stolen motorcycles, who disclosed the names of other co-accused and that he had purchased the said

Patna High Court CR. MISC. No.15867 of 2019(2) dt.26-03-2019 2/3 motorcycle from one Jitendra Choudhary. Thereafter raid was conducted and as many as 14 motorcycles, alleged to be stolen one, were recovered from the houses/ shops of other co-accused. Accordingly, seizure-lists were prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and he did not know that the motorcycle on which he was riding was stolen one. He submits that charge-sheet has already been submitted there being no allegation of tampering with the prosecution witnesses and one of the co-accused, from whose house stolen motorcycle has been recovered, has already been enlarged on bail by a coordinate Bench of this Court in Cr. Misc. No. 42599 of 2018 vide order dated 19.07.2018 and the petitioner is languishing in judicial custody for nearly a year. However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations and the materials on record as well as the fact that another co-accused has already been granted the privilege of bail and the period of custody, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.15867 of 2019(2) dt.26-03-2019 3/3 Sub-Judge-XI cum ACJM-X, Vaishali at Hajipur, in connection with Patepur P.S. Case No. 56 of 2018.

(Nilu Agrawal, J) Rajesh/- U T