Dular Kumar @ Dulara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40895 of 2019 Arising Out of PS. Case No.-121 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== 1.

Dular Kumar @ Dulara (M), aged 20 years, S/o Nawalki Nishad, Resident of Village- Simariya Ghat Bind Toli, P.S.- Barauni, District- Begusarai. 2.

Phulo Kumar @ Phulena Kumar (M), aged 26 years, S/o Nandu Mahto Resident of Village- Simariya Ghat Bind Toli, P.S.- Barauni, DistrictBegusarai. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Randhir Kumar No.1, Advocate.

For the Opposite Party :

Mr.Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-07-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 19.03.2019 in a case for the offence registered under Sections 379 and 411 of the IPC.

The prosecution story, in brief, is that the petitioners were apprehended with the alleged theft Motorcycle and other articles.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the

Patna High Court CR. MISC. No.40895 of 2019(2) dt.03-07-2019 2/2 petitioners. The petitioners have falsely been implicated in the present case. The petitioners are not named in the F.I.R. Their name has come in the present case on the basis of recovery of stolen Motorcycle. The petitioners had no knowledge that the Motorcycle in question is stolen property. They have not been put on T.I. Parade.

On behalf of the State, it is submitted that the petitioners are not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Begusarai, in connection with Barauni P.S. Case No. 121 of 2019.

(Sudhir Singh, J) U.K./- U T