Kaushal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61555 of 2018 Arising Out of PS. Case No.-278 Year-2018 Thana- ALAMGANJ District- Patna ====================================================== Kaushal Kumar, Son of Sigheshwar Kewat @ Sidheshwar Kewat, Resident of Village- Mohanpur, Police Station- Sarmera, District- Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vibhuti Ranjan Sonvadra For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-10-2018 Heard both sides.

Petitioner seeks bail in Alamganj P.S. Case No.278 of 2018, registered under Sections 379 and 411 of the Indian Penal Code.

The informant lodged the case for theft of his motorcycle bearing Registration No. BR01C4 1420 against unknown. It appears that during the course of investigation, one Shiv Samrat was arrested and he disclosed that he committed theft of the motorcycle and sold it to one Nitish Kumar for Rs.6500/-. Shiv Samrat also disclosed that Subodh Kumar accompanied him in committing theft. Nitish Kumar was arrested and from his house one stolen motorcycle was recovered. The house of the petitioner was also searched and the theft motorcycle of this case was recovered form the house of

Patna High Court Cr.Misc. No.61555 of 2018(2) dt.06-10-2018 2/2 the petitioner, Kaushal Kumar.

The learned counsel for the petitioner submits that prior to recovery from the house of Nitish Kumar, house of the petitioner was searched and motorcycle was recovered but it is shown that recovery from the house of the petitioner was made after recovery from the house of Nitish Kumar. The petitioner has got no criminal antecedent and this is the first criminal case in which petitioner has been made accused for recovery of motorcycle for that the petitioner is in jail for more than four months.

Considering the facts aforesaid, petitioner, above named, is directed to 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 the learned A.C.J.M., Patna City, Patna in connection with Alamganj P.S. Case No.278 of 2018.

(Prabhat Kumar Jha, J) S.KUMAR/- U T