Patna High CourtCR. MISC./48622/2017bail granted

Vikash Kumar @ Biru Sah @ Bira Sah @ Biru v. The State Of Bihar

2017-10-18Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48622 of 2017 Arising Out of PS.Case No. -95 Year- 2016 Thana -DAWATH District- SASARAM (ROHTAS) ======================================================

1. VIKASH KUMAR @ BIRU SAH @ BIRA SAH @ BIRU Son of Uday Sah, R/o Village- Semari, P.S.- Dawath, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 02.11.2016 in connection with a case registered for the offences punishable under Sections 399/402/414 of the Indian Penal Code. Learned counsel for the petitioner submits that originally for the same occurrence another case was instituted under Section 414 of the Indian Penal Code and Section 25(1b)a, 26/35 of the Arms Act vide Dawath P.S. Case No. 94 of 2016 in which the petitioner has already been granted bail. He further submits that subsequently thereto the present case was filed under Section 399 and 402 of the Indian Penal Code which is wholly erroneous and no motorcycle or arms have been recovered from his conscious possession.

Patna High Court Cr.Misc. No.48622 of 2017 (2) dt.18-10-2017 2/2 Considering the entire facts and circumstances of the case and that apart from the two cases referred to above, there is no criminal antecedent and after his arrest he was remanded in few other cases in which he has already been granted bail, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Bikramganj, Rohtas, in connection with Dawath P.S. Case No. 95 of 2016.

(Anjana Mishra, J) Saif/- U T