Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21450 of 2016 Arising Out of PS.Case No. -40 Year- 2016 Thana -GARDANIBAGH District- PATNA ======================================================

1. Vicky Kumar Son of Birendra Paswan Resident of Mohalla - Chauharmal Nagar, P.S. - Phulwarisharif, District Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramashish For the Opposite Party/s : Mr. Md.Sufiyan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-07-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 341, 323, 379, 411 and 504/34 of the I.P.C Allegedly, 15-20 boys started snatching the motorcycle of the informant and assaulted him and his friend and after snatching the motorcycle they fled away but thereafter with the help of jeep the miscreants were chased and the petitioner was apprehended with that motorcycle.

Submission is of false implication and that the petitioner is in custody since 20.02.2016, nothing has been recovered from his conscious possession, the petitioner was

Patna High Court Cr.Misc. No.21450 of 2016 (3) dt.15-07-2016 2/2 arrested on suspicion as the motorcycle was at Manichak Pond, the petitioner has got no criminal antecedent and as such he deserves sympathetic consideration.

The learned A.P.P. submits that the petitioner was caught and the motorcycle was also there, whereas, other miscreants fled away.

In the facts and circumstances as stated above, the petitioner shall be released on bail, after completion of six months in custody from the date of his remand, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Manoj Kumar, 5th J.M. 1st Class, Patna in Gardanibagh P.S. Case No. 40 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T