Patna High CourtCR. MISC./39545/2018bail granted

Vikki Kumar Mandal @ Vikki Kumar v. The State Of Bihar

2018-07-06Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39545 of 2018 Arising Out of PS.Case No. -639 Year- 2017 Thana -BHAGALPUR KOTWALI District- BHAGALPUR ===================================== Vikki Kumar Mandal @ Vikki Kumar, S/o Late Ram Sewak Mandal @ Late Ram Sevak, Resident of Mohalla - Brij Mohan Thakur Lane Barari, P.S. - Barari, District - Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar, Adv. For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-07-2018 This application for grant of regular bail arises out of Kotwali (Adampur) P.S. Case No. 639 of 2017, dated 16.09.2017, instituted for the offences under Sections 379, 411 and 120(B) of the Indian Penal Code and Section 25(1-b)a and 26 of the Arms Act.

A theft had taken place in the Collectorate building of Bhagalpur on 16.09.2017. The case regarding the same was lodged by the Night Guard.

The petitioner has not been named in the F.I.R., but from in front of his house, certain articles said

Patna High Court Cr.Misc. No.39545 of 2018 (2) dt.06-07-2018 2/2 to be looted property have been recovered.

Learned counsel for the petitioner submits that those articles are of common use and the petitioner cannot be said to be in constructive possession of the articles. Because of the petitioner having been made accused earlier in two other cases of similar nature in which he is on bail, the police has chosen to implicate him falsely in the present case also.

Be that as it may, the petitioner has remained in jail since 19.09.2017.

Considering the aforesaid facts, the petitioner, above named, is directed to be released 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 learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Adampur) P.S. Case No. 639 of 2017.

(Ashutosh Kumar, J) Praveen-II/- U T