Sourav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38154 of 2019 Arising Out of PS. Case No.-540 Year-2018 Thana- BANKA District- Banka ====================================================== SOURAV KUMAR Son of Krishna Prasad Sah Resident of Village - Acharaj, P.S.- Bounsi, Distt - Banka.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has prayed for grant of bail in connection with Banka (Barahat) P.S. Case No.540 of 2018 registered for the offence under Section 414/34 of the Indian Penal Code.

As per the allegation, on secret information having been received, raid was conducted. Four motorcycles from four accused including this petitioner were recovered. Further from perusal of the F.I.R., it transpires that the stolen motorcycles were also recovered from Md.Aryan as also Anant Kumar. It is submitted by learned counsel for the petitioner that the allegations made in the F.I.R. are false and that the case of the petitioner stands on similar footing to the case of co-

Patna High Court CR. MISC. No.38154 of 2019(2) dt.05-07-2019 2/2 accused, Md.Aryan and Anant Kumar who have already been enlarged on bail vide orders dated 25.02.2019 and 11.12.2018 passed in Cr.Misc. No.10578 of 2019 and Cr.Misc. No.73248 of 2018 respectively. It is further submitted that so far as the criminal antecedent of the petitioner mentioned in paragraph no.3 of the application is concerned, it relates to the theft of the said motor cycle.

The application for bail of the petitioner has been opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case herein above specially the fact that similarly situated co-accused have already been enlarged on bail by this Court, the Court is inclined to enlarge the petitioner on bail. The petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M.,Banka, in Banka ( Barahat) P.S.Case No.540 of 2018.

(Partha Sarthy, J) aks/- U