Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73518 of 2019 Arising Out of PS. Case No.-198 Year-2019 Thana- DESARI District- Vaishali ====================================================== ROHIT KUMAR, Male, aged about 21 years, Son of Gorak Sahani @ Gorakh Sahani, Resident of Village- Abdulpur, P.S.- Mahua, District- Vaishali. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Santosh Kumar, Advocate.

For the Opposite Party :

Mr.Gauri Shankar Gupta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 379 and 411 of the IPC. The prosecution story, in brief, is that the petitioner is alleged to be caught by villagers on 16.06.2019 while trying to steal a Motorcycle bearing No. BR 31 AF 4426 and handed over to the police. Subsequently, a Master Key for breaking the Motorcycle lock is also said to be recovered from his possession.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 16.06.2019. The petitioner has got no criminal antecedent. The petitioner has been made accused in the present case due to

Patna High Court CR. MISC. No.73518 of 2019(2) dt.18-11-2019 2/2 mistake of fact. There is no allegation of tampering with the witnesses alleged against the petitioner. No attempt for theft was made by the petitioner. The case is triable by the Magistrate. It is further submitted that the petitioner may be released on bail after completion of six months in custody.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of six months in custody on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Vaishali at Hajipur, in connection with Desari P.S. Case No. 198 of 2019. (Sudhir Singh, J) U.K./- U T