Patna High CourtCR. MISC./25587/2018bail granted

Vikash Kumar And ANR v. The State Of Bihar

2018-05-17Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25587 of 2018 Arising Out of PS. Case No.-73 Year-2017 Thana- BIHARSHARIF District- Nalanda ======================================================

1. Vikash Kumar, S/o Sukhu Paswan,

2. Shishupal Kumar S/o Shiv Kumar Paswan, Both R/o Vill.- Milkiper , P.S.- Rahui, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Chandra For the Opposite Party/s :

Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-05-2018 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in connection with Bihar P.S. Case No. 73 of 2017 dated 17.02.2017 instituted for the offence under Section 395 of the Indian Penal Code.

A truck loaded with sugar is said to have been looted by unknown miscreants. The petitioners are not named in the F.I.R. and their complicity in the case has surfaced only during the course of investigation. Learned counsel for the petitioners has submitted that because of the petitioners being made accused earlier in cases of similar nature, this time also the police has wrongly implicated them in the present case. In all other cases in which the petitioners have

Patna High Court Cr.Misc. No.25587 of 2018(3) dt.17-05-2018 2/2 earlier been made accused, they have been granted bail. The petitioners were arrested in connection with other case on 21.03.2017 and in the present case they have been remanded on 13.11.2017 i.e. after nine months of the lodging of the case. Nothing has been recovered from the possession of petitioners. Under similar circumstances one of the co-accused persons, similarly situated has been granted bail by a bench of this Court in Cr. Misc. No. 7113 of 2008 on 28.02.2018.

Considering the aforesaid facts the petitioners above named are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Bihar P.S. Case No. 73 of 2017.

(Ashutosh Kumar, J) krishna/- U T