Sudip Kumar @ Sudeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52157 of 2021 Arising Out of PS. Case No.-129 Year-2021 Thana- KAUWAKOL District- Nawada ====================================================== Sudip Kumar @ Sudeep Kumar Son Of Mahesh Prasad Resident Of Village - Benipur, P.S. - Rupah (Kawakole), Dist. - Nawada. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-02-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in connection with Kawakole (Rapau) P. S. Case No.129 of 2021, instituted for the offences under Section 392 of the Indian Penal Code and later on, Sections 395 and 412 of the I.P.C. was also added. The learned counsel for the petitioner submits that the petitioner is in custody since 10.05.2021, charge-sheet has been submitted in the case and has one antecedent as mentioned in Para-3 of the bail petition.

The learned counsel for the petitioner submits that allegation is of looting the mobile and motorcycle of informant by four unknown criminals.

The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.52157 of 2021(2) dt.08-02-2022 2/3 F.I.R. is against unknown and the name of this petitioner transpired in the case based on the information provided by the police spy and thereafter, the confessional statement was recorded. It is further submitted that the police alleges that based on the confessional statement, the looted motorcycle was recovered.

The learned counsel further submits that from perusal of the F.I.R., it would manifest that the motorcycle which is alleged to be looted is of a different brand while the motorcycle which is alleged to have been recovered is of different brand (Yamaha). It is further submitted that the alleged recovered motorcycle belongs to the petitioner and in support of the same, Annexure-2 has been annexed.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case and the alleged recovery is of a different motorcycle and also taking into consideration the submission made by the learned counsel for the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the

Patna High Court CR. MISC. No.52157 of 2021(2) dt.08-02-2022 3/3 like amount each to the satisfaction of learned A.C.J.M.-4th, Nawada in connection with Kawakole (Rapau) P. S. Case No.129 of 2021, subject to condition that one of the bailers shall be the father of the petitioner namely, Mahesh Prasad. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T