Bipul Paswan @ Bipul Kumar @ Vipul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17367 of 2019 Arising Out of PS. Case No.-56 Year-2018 Thana- PATEPUR District- Vaishali ====================================================== BIPUL PASWAN @ BIPUL KUMAR @ VIPUL KUMAR Son of Jitendra Paswan Resident of Village - Sukki, P.S.- Patepur, Distt.- Vaishali. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bela Singh For the Opposite Party/s :
Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-03-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 07.12.2018 in a case registered for the offence punishable under Section 414/34 of the Indian Penal Code. The prosecution case got initiated on the basis of written report of Amresh Kumar Pandey submitted before the Station House Officer, Patepur Police Station is to the effect that on 12.04.2018, at 11.30 P.M. during the vehicle check, two persons were apprehended namely Sikandra Kumar and Vicky Kumar, but on being demanded by the police, they failed to produce the relevant document of the vehicle. It is further alleged that co-accused Sikandar Kumar disclosed that three stolen motorcycles are lying in the house of co-accused, Jitendra Chaudhary. Subsequently, the house of co-accused
Patna High Court CR. MISC. No.17367 of 2019(2) dt.28-03-2019 2/3 Jitendra Chaudhary was raided, from where, three motorcycles were seized, however, co-accused Jitendra Chaudhary on seeing the police party escaped from the scene. It is further alleged that on the disclosure of co-accused Vicky Kumar, from the house of co-accused Pankaj Kumar, a raid was laid and a motorcycle was recovered whereas from the house of coaccused, Bipul Paswan, the petitioner, two stolen motorcycles were recovered. It is further alleged that on the disclosure of co-accused Sikandar Kumar Sahni, the house of co-accused Sunil Sahni was raided, from where, during frisking one motorcycle was recovered, while on the further disclosure of co-accused Vicky Kumar, the house of co-accused Bisheswar Pandit was raided from where, five motorcycles were recovered. It is also alleged on the disclosure of all the accused persons, the house of co-accused Sdakki was raided from where, a stolen motorcycle was recovered.
It is submitted by learned counsel for the petitioner that the alleged recovery has been made from the joint family house of the petitioner, hence, it cannot be treated from the conscious physical possession of the petitioner. It is further submitted similarly situated co-accused Sikendra Sahni, who hsd been apprehended initially and from whose possession, the
Patna High Court CR. MISC. No.17367 of 2019(2) dt.28-03-2019 3/3 recovery was made, has been granted bail by different Coordinate Bench of this Court vide order dated 08.10.2018, passed in Criminal Miscellaneous No. 68160 of 2018, while co-accused Umesh Petti has been granted bail by a Coordinate Bench of this Court vide order dated 10.07.2018, passed in Criminal Miscellaneous No. 42599 of 2018 and the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP for the State submits that the stolen motorcycles were recovered from the house of the petitioner. Considering the fact that the investigation has already been concluded and similarly situated co-accused persons have been granted bail, let the above named petitioner 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 learned ACJM-X, Vaishali in connection with Patepur P.S. Case No. 56 of 2018.
(Dinesh Kumar Singh, J) Ashwini/- U T