Vinit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34653 of 2019 Arising Out of PS. Case No.-787 Year-2018 Thana- SITAMARHI District- Sitamarhi ====================================================== VINIT KUMAR SINGH Son of Fulbabu Singh Resident of VillageMadhuban Ward No. 6, P.S. and District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 18.08.2018 in a case registered for the offence punishable under Section 379 of the Indian Penal Code.

It is alleged that the informant's motorcycle parked in front of a doctor's clinic was stolen, leading to registration of FIR against unknown. Subsequently, two motorcycles, including the stolen motorcycle of the informant, were recovered from the house of co-accused Dheeraj Kumar, where the petitioner was found present at the time of recovery and he confessed his guilt.

It is submitted by learned counsel for the petitioner that admittedly the alleged recovery has not been made from

Patna High Court CR. MISC. No.34653 of 2019(2) dt.28-05-2019 2/2 the conscious physical possession of the petitioner and on conclusion of investigation, the charge-sheet has been submitted against the petitioner under Sections 379, 411/34 of the IPC. It is further submitted that though the petitioner is accused in five other cases, but in all the cases, he has been acquitted.

Learned APP for the State submits that though the stolen motorcycle was recovered from the possession of coaccused Dheeraj Kumar, but the petitioner was found present at the place of recovery.

Considering the nature of accusation and the investigation already being concluded, let the above named petitioner 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 CJM, Sitamarhi, in connection with Mehsaul (O.P.) Sitamarhi P.S. Case No. 787 of 2018.

(Dinesh Kumar Singh, J) Ashwini/- U T