Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27052 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- BARGAINIA District- Sitamarhi ====================================================== 1.

Sunil Kumar, Son of Bahadur Rai @ Ram Bahadur Rai, Resident of VillageMasaha Alam, P.S.- Bairgania, District- Sitamarhi. 2.

Nitesh Kumar, Son of Chandrika Rai, Resident of Village- Masaha Alam, P.S.- Bairgania, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 24-04-2019 Heard learned counsel for the petitioners and State. The petitioners are in custody in connection with Bairgania P.S. Case No. 35 of 2019 for the offence under Section 414 of the Indian Penal Code.

Allegation against the petitioners is that they were involved in the business of sale of stolen motorcycle. Learned counsel for the petitioners submits that the petitioners have got no criminal antecedent and they are in custody since 16.02.2019. He further submits that neither the case under Section 414 of the Indian Penal Code is made out nor sustainable in the absence of substantive case and merely on the basis of suspicion the petitioners have been arrested in the instant case.

Patna High Court CR. MISC. No.27052 of 2019(2) dt.24-04-2019 2/2 Considering the fact that the petitioners have got no criminal antecedent, the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Bairgania P.S. Case No. 35 of 2019. (Anil Kumar Upadhyay, J) uday/- U T