Vikash Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.9160 of 2016 (3) dt.13-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9160 of 2016 Arising Out of PS.Case No. -315 Year- 2015 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Vikash Kumar S/o Timan Mahto Resident of Village- Belgachhi, Birta Chowk, P.S.- Ghorashan, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. S.Ehteshmuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-04-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Ghorasahan P.S. Case No. 315 of 2015 registered for the offences punishable under Sections 413 and 414 of the Indian Penal Code. Allegedly, after seeing the police personnel three persons started fleeing away but out of them the petitioner was caught and on his disclosure one Bajaj Discover motorcycle was recovered from the house of the petitioner for which he has got no paper and further the petitioner disclosed that it is stolen motorcycle.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.9160 of 2016 (3) dt.13-04-2016 petitioner has been made victim of the police atrocities, he is being implicated in one case after another, regarding said motorcycle there is no report of theft and the petitioner by remaining in custody since 01.09.2015 has been sufficiently penalized to which the learned A.P.P. opposes.

In the facts and circumstances stated above, considering the detention of the petitioner, now he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sikarahana at Dhaka, East Champaran in connection with Ghorasahan P.S. Case No. 315 of 2015 subject to the conditions that one of the bailors must be 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) sushma/- U T