Sikesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70936 of 2018 Arising Out of PS. Case No.-199 Year-2018 Thana- MAHUA District- Vaishali ====================================================== Sikesh Kumar, Son of Maheshwar Ram, Resident of Village- Rajapakar Baja, Police Station- Rajapakar, District- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Dharmesh Kumar, Advocate.

For the Opposite Party/s :

Mr. Harendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-12-2018 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Mahua P.S. Case No. 199 of 2018 instituted for the offence under Sections 379, 511, 414 and 420/34 of the Indian Penal Code.

In the written report it is alleged that informant got information that three Motorcycle thieves have been caught hold and people are assaulting them. The informant along with other Police personnel went there and apprehended those three persons. They disclosed their name as Bablu Kumar, Raghubir Kumar and Sikesh Kumar (petitioner).

Counsel for the petitioner submits that there is no complaint filed by any private person levelling allegation of committing Motorcycle theft by this petitioner. Counsel for the

Patna High Court Cr.Misc. No.70936 of 2018(2) dt.10-12-2018 2/2 petitioner further submits that co-accused Bablu Kumar who was also apprehended by the police, has been granted bail by this Court vide order dated 26.11.2018 passed in Cr. Misc. 67231 of 2018. There is no recovery of any incriminating article from possession of the petitioner.

Petitioner is in custody since 24.7.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, 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 Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Mahua P.S. Case No. 199 of 2018,subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T