Avinash @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29391 of 2018 Arising Out of PS. Case No.-23 Year-2018 Thana- HAZIPUR INDUSTRIAL DistrictVaishali ====================================================== Avinash @ Suraj Kumar S/o Late Raja Prasad Ray, R/o Vill.- Dighi Kala (West Yogi Asthan), P.S.- Hajipur Sadar in the District of Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar For the Opposite Party/s :

Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner seeks bail in connection with Industrial Area P.S Case No. 23 of 2018 registered for the offences punishable under Sections 412, 414/34 of the Indian Penal Code.

Allegedly, during night patrolling two persons on Apache Motorcycle tried to flee away but were caught and the two persons were co-accused Vikram Kumar and the petitioner. After search, from possession of Vikram Kumar one Micromax mobile set having SIM of Voda company was recovered whereas from possession of the petitioner nothing was

Patna High Court Cr.Misc. No.29391 of 2018(2) dt.18-05-2018 2/3 recovered. Regarding motorcycle no paper was produced and co-accused Vikram Kumar stated that it was brought after committing theft and it was for sale and two persons are coming. Thereafter, two persons came who were caught and they stated that they have come to take the motorcycle. Submission is of false implication and that nothing has been recovered from possession of the petitioner, he has got no concern with recovered vehicle, without any fault he is suffering in custody since 21.02.2018, and, as such, he deserves sympathetic consideration.

Learned A.P.P. submits that the petitioner has criminal antecedents.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Industrial Area P.S. Case No. 23 of 2018, 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

Patna High Court Cr.Misc. No.29391 of 2018(2) dt.18-05-2018 3/3 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) avin/- U T