Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50715 of 2021 Arising Out of PS. Case No.-644 Year-2020 Thana- SASARAM NAGAR District- Rohtas ====================================================== VIVEK KUMAR Son of Sunil Ram Resident of Village- Magardaha, P.S.- Chainpur, District - Daltonganj, Palamu (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-02-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Sasaram (T) P.S. Case No. 644 of 2020 instituted for the offence under Section 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that police after investigation submitted charge-sheet under Sections 379 and 411 of the Indian Penal Code and the petitioner is in custody since 16.03.2021.

Allegation is of committing theft of a motorcycle of the informant from the market area.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is

Patna High Court CR. MISC. No.50715 of 2021(2) dt.02-02-2022 2/2 submitted that the petitioner was arrested in Chainpur P.S. Case No. 397 of 2020 and the stolen motorcycle was recovered from the possession of the petitioner. Learned counsel further submits that petitioner had purchased the motorcycle from one Mritunjay Kumar of Rs.35,000/- and, thus, was not knowing that the motorcycle was stolen one and further petitioner was granted bail in Chainpur P.S. Case No. 397 of 2020 by the learned District & Sessions Judge, Palamu. Learned counsel next submits that petitioner has remained in custody for more than 10 months. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody and charge-sheet has been submitted, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (T) P.S. Case No. 644 of 2020, with condition that one of the bailors shall be the father of the petitioner, namely, Sunil Ram.

(Satyavrat Verma, J) Kundan/- U T