Vikash Kumar@Vikash Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32666 of 2019 Arising Out of PS. Case No.-192 Year-2018 Thana- KUTUMBA District- Aurangabad ====================================================== 1.

VIKASH KUMAR@VIKASH KUMAR SINGH Son of Sanjay Kumar Singh Resident of Village - Ankupa, P.S.- Kutumba, Distt - Aurangabad. 2.

Sumant Kumar Singh Son of Sivendra Singh Resident of Village - Chaukhara, P.S.- Kutumba, Distt - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2019 Heard learned counsel for the parties.

The petitioners are apprehending their arrest in connection with Kutumba P.S.Case no.192 of 2018 , registered for offences punishable under Sections 147, 149, 353, 379 of the Indian Penal Code and Section 4/40 of MMMCR Rules, 1972 and 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2016.

Prosecution story is that the police chased two tractors carrying sands but the Driver leaving the tractor fled away and it is alleged that later on several villagers came and got the tractors freed.

Submission of the learned counsel for the petitioners is

Patna High Court CR. MISC. No.32666 of 2019(2) dt.17-05-2019 2/2 that the petitioners are not named in the FIR and later on their name transpired during the course of investigation of the case. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge VII cum Special Judge (Excise), Aurangabad in connection with Kutumba P.S.Case No.192 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T