Chhotu Kumar @ Vivek Kumar @ Vivek @ Vikky @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84509 of 2019 Arising Out of PS. Case No.-211 Year-2015 Thana- VAISHALI District- Vaishali ====================================================== CHHOTU KUMAR @ VIVEK KUMAR @ VIVEK @ VIKKY @ CHHOTU Son of Late Kalika Prasad Singh @ Kalika Singh Resident of VillageKishunpur Madhuwan, Police Station-Kudhani, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachin Kumar, Adv For the Opposite Party/s :

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 379 of the Indian Penal Code.

The FIR of the occurrence of theft of motorcycle is against unknown. The stolen motorcycle was recovered from the shop of a scrapped dealer. The dealer disclosed that he had purchased the motorcycle from this petitioner and two others. Submission is that for the recovery of the said auto rikshaw, a separate case was registered and in that case, the petitioner was allowed bail after remaining in jail about one year and this case is in respect of theft of the said motorcycle by

Patna High Court CR. MISC. No.84509 of 2019(2) dt.19-12-2019 2/2 unknown person.

Considering the facts of this case aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail for the reason that for the same alleged act the petitioner cannot be twice sent to jail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Vaishali (Belsar O.P.) P.S.Case No.211 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioner shall fully cooperate with the investigation of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T