Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21059 of 2023 Arising Out of PS. Case No.-81 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== Vikash Kumar, aged about years, Male Son of Lalo Mahto, Resident of Village- Sadanandpur P.S.-Balia District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sheikhpura (Sirari O.P.) P.S. Case No. 81 of 2022 dated 02.03.2022 registered for the offence punishable under Sections 379 and 414 of the Indian Penal Code.

The prosecution case in nutshell is that while the police party was on patrolling duty, they apprehended coaccused Congress Kumar and on the basis of his statement a chain of stolen motor-cycle and arrest of accused persons had been made out. The petitioner was arrested with a stolen motorcycle. Learned counsel for the petitioner submits that petitioner is falsely implicated in this case and no motor-cycle has been recovered from the conscious possession of the petitioner. Petitioner is in jail custody since 03.03.2022. He has

Patna High Court CR. MISC. No.21059 of 2023(2) dt.18-05-2023 2/2 no criminal antecedent. Chargesheet against the petitioner has been filed in this case and there is no chance of absconding of petitioner or tampering of the evidence, if he is granted bail. Learned counsel for the petitioner further submits that similarly situated co-accused persons namely, Santosh Kumar; Congress Kumar and Ganesh Kumar have been granted bail by Co-ordinate Benches of this Court vide order dated 10.08.2022 in Cr. Misc. No. 20500 of 2022; order dated 16.08.2022 in Cr. Misc. No. 25069 of 2022 and order dated 16.08.2022 in Cr. Misc. No. 23331 of 2022 respectively.

Learned APP appearing for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case and submission of learned counsel for the parties, let the petitioner above named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura (Sirari O.P.) P.S. Case No. 81 of 2022.

(Sunil Dutta Mishra, J) Anand Kr.

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