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Patna High CourtCR. MISC./65569/2018bail granted

Shyam Kumar @ Shyam Sundar Rai And ANR v. The State Of Bihar

2018-11-05Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65569 of 2018 Arising Out of PS.Case No. -190 Year- 2018 Thana -LAURIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Shyam Kumar @ Shyam Sundar Rai, S/o Nandu Rai,

2. Bhola Rai @ Bhola Kumar, S/o Shyam Kumar @ Shyam Sudar Rai, Both resident of Village- Lauria, Bharwa Toli, P.S.- Lauria, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-11-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in Lauriya P.S. Case No. 190/2018, instituted for the offences under Sections 379, 413, 414 and 34 of the Indian Penal Code.

It is alleged in the written report that motorcycle of the informant became traceless on 28.06.2018. On 01.07.2018, the son of informant saw his motorcycle at Lauriya Bangali Chawk with three persons sitting on the motorcycle. The informant with help of local people surrounded them, but two persons managed to run away. They handed over the apprehended person and motorcycle to Police stating that the motorcycle was stolen on

Patna High Court Cr.Misc. No.65569 of 2018 (2) dt.05-11-2018 2/2 28.06.2018.

Seizure-list is part of F.I.R., wherein it is mentioned that motorcycle has been recovered from Bangali Chawk, Lauria. Learned counsel for the petitioners has submitted that informant has not given any information earlier, i.e. on 28.06.2018 that his motorcycle has been stolen. It is further submitted that petitioners have been falsely implicated in this case due to enmity. Petitioners are in custody since 02.07.2018. Considering the aforesaid fact and circumstances, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 190/2018, subject to the conditions that both the bailors shall be the close relative of the petitioners. (Sanjay Priya, J.) Rakhi U T