Vikash Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26320 of 2018 Arising Out of PS. Case No.-414 Year-2017 Thana- PATLIPUTRA District- Patna ======================================================

1. Vikash Kumar, S/o Anil Sharma, R/o Vill.- Digha Bata, P.S.- Digha, District- Patna.

2. Jitendra Kumar @ Bhuchiya @ Buchiya S/o Dilip Choudhary, R/o R/o Vill.- Jam Kharij, P.S.- Digha, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No-2 For the Opposite Party/s :

Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-07-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek regular bail in connection with Patliputra P.S. Case No. 414 of 2017, registered for the offence punishable under Sections 457, 380 and 411 of the Indian Penal Code.

The allegation is regarding the accused persons having committed dacoity in the house of the informant. The learned counsel for the petitioners submits that no T.I.P. has been conducted till date and the petitioners are non F.I.R. named accused persons. It is further submitted that as far as the Petitioner No. 1 is concerned, no recovery has been made and as far as the Petitioner No. 2 is concerned, one mobile

Patna High Court Cr.Misc. No.26320 of 2018(4) dt.06-07-2018 2/2 phone, said to be of the informant, was recovered by the police. The learned counsel submits that the said allegations of recovery of mobile phone belonging to the informant is absurd and concocted. It is further submitted that the petitioner No. 2 is having a clean antecedent and as far as the petitioner No. 1 is concerned, he is an accused in one case in which he is on bail. The petitioners are languishing in custody since 07.12.2017. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioners on regular bail. Accordingly, the above named petitioners are directed to be enlarged 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 learned Sub Judge XII-cumAdditional Chief Judicial Magistrate, Patna in connection with Patliputra P.S. Case No. 414 of 2017.

(Mohit Kumar Shah, J) ajay gupta/- U T