Vikram Kumar @ Bikaram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43490 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- UJIYARPUR District- Samastipur ====================================================== VIKRAM KUMAR @ BIKARAM KUMAR Son of Sujit Sahni @ Sujit Sahani Resident of village-Chandauli, Police Station-Ujiarpur, DistrictSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmindra Kumar Yadav For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 356, 379/34 of the Indian Penal Code.

3. As per allegation in the FIR, informant was returning to his home from his office and on way, four miscreants came in front of the informant and one person took away his motorcycle and other three persons have looted his mobile and cash.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR not put on TIP. There is no eye witness of the alleged occurrence. Nothing has been recovered from his conscious possession rather recovery of

Patna High Court CR. MISC. No.43490 of 2023(2) dt.21-07-2023 2/2 motorcycle has been made from behind the house of Birju Kumar and stolen mobile has been recovered from Kanchan Kumar. On interrogation, co-accused Kanchan Kumar has disclosed that he has purchased the stolen motorcycle from the petitioner. Birju Kumar, co-accused person has already been granted bail by this Court vide order dated 24.5.2023 passed in Cr. Misc. No. 28597 of 2023. Petitioner has got no criminal antecedent and languishing in judicial custody since 01.02.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned SDJM, Dalsingsarai, Samastipur in connection with Ujiarpur PS Case No. 27 of 2023.

(Sunil Kumar Panwar, J) sushma/- U