Bikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41011 of 2019 Arising Out of PS. Case No.-150 Year-2019 Thana- KHAJANCHI HAT District- Purnia ====================================================== BIKRAM KUMAR son of Birendra Kumar Singh @ Virendra Kumar Singh Resident of Village - Jhiktiya, P.S. Korha, Dist. - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in K. Hat P.S. Case No. 150/2019, instituted for offence under Section(s) 379 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that F.I.R. is against unknown.

It is alleged in the written report that motorcycle of the informant was stolen by unknown.

During investigation petitioner along with one Niraj Kumar were apprehended by the police with motorcycle. They could not produce paper with regard to motorcycle. It is mentioned in para 6 of impugned order that the motorcycle, which has been recovered from possession of petitioner, belonged to informant, for which instant case has

Patna High Court CR. MISC. No.41011 of 2019(2) dt.09-07-2019 2/2 been registered.

Learned counsel for the petitioner has submitted that for the said recovery of motorcycle separate case has been lodged vide Sadar P.S. Case No. 135/2019 instituted under Sections 414/34 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act. Co-accused Niraj Kumar, who was sitting on the motorcycle with petitioner, has already been granted bail by a Co-ordinate Bench of this Court vide order dated 28.06.2019 passed in Cr. Misc. No. 39726/2019.

Petitioner is in custody since 11.03.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the learned Chief Judicial Magistrate, Purnea, in connection with K. Hat P.S. Case No. 150/2019, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T