Patna High CourtCR. MISC./59957/2024bail granted

Vikash Kumar v. The State Of Bihar

2024-08-20Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53705 of 2024 Arising Out of PS. Case No.-178 Year-2024 Thana- SIRDALA District- Nawada ====================================================== SUNNY KUMAR S/O ISHWAR RAI R/O VILLAGE- BAUDHI KALA, P.SRAJAULI, DISTT.- NAWADA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 59957 of 2024 Arising Out of PS. Case No.-178 Year-2024 Thana- SIRDALA District- Nawada ====================================================== 1.

Vikash Kumar Son of Naresh Yadav Resident of Village- Bahuara, P.S.- Sirdalla, District- Nawada 2.

Kameshwar Rajbanshi Son of Dwarika Rajbanshi Resident of VillageBhalua, P.S.- Sirdalla, District- Nawada ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 53705 of 2024) For the Petitioner/s :

Mr.Rajesh Ranjan Kumar For the Opposite Party/s :

Mr.Pranav Kumar (In CRIMINAL MISCELLANEOUS No. 59957 of 2024) For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-08-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Sirdala P.S. Case No. 178 of 2024 dated 09.05.2024 registered for the offences

Patna High Court CR. MISC. No.53705 of 2024(2) dt.20-08-2024 2/3 punishable u/s 414 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, one stolen motorcycle from the house of the co-accused Gulshan Kumar, one stolen motorcycle from the house of the petitioner Kameshwar Rajbansi, one stolen motorcycle from the house of the coaccused Dinesh Kumar, two stolen motorcycles from the house of the petitioner Vikash Kumar, two stolen motorcycles from the house of the co-accused Santosh Kumar and three stolen motorcycles from the house of the co-accused Randheer Kumar were recovered.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioner Sunny Kumar is not named in the FIR. The name of the petitioner Sunny Kumar has sprung up in the confessional statement of the co-accused Dinesh Kumar. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioner, namely, Sunny Kumar has two criminal antecedents and the rest petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioner, namely, Sunny Kumar is in custody since 09.05.2024 and the

Patna High Court CR. MISC. No.53705 of 2024(2) dt.20-08-2024 3/3 petitioners, namely, Vikash Kumar and Kameshwar Ranjwansi are in custody since 10.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Sirdala P.S. Case No. 178 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T