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Patna High CourtCR. MISC./84652/2019bail granted

Sonu Kumar v. The State Of Bihar

2019-12-19Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84652 of 2019 Arising Out of PS. Case No.-515 Year-2019 Thana- MAHUA District- Vaishali ====================================================== 1.

Sonu Kumar S/o Shatrudhan Bhagat R/o village- Bhagwanpur Pakari, P.S.- Lalganj, Vaishali 2.

Abhishek Kumar S/o Anil Kumar Akela R/o village- Bhagwanpur Pakari, P.S.- Lalganj, Vaishali 3.

Paramjit Kumar S/o Ashok Bhagat R/o village- Bhagwanpur Pakari, P.S.- Lalganj, Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Roy, Advocate For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of bail in a case registered for the offence under section 414 of the Indian Penal Code and section 139 of the Bihar Electricity Act, 2003.

As per the allegation in the FIR, the accused persons including the three petitioners herein as also Ranjan Kumar and Vivek Kumar were arrested on the suspicion that they were carrying stolen Aluminum wire.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.84652 of 2019(2) dt.19-12-2019 2/2 the case of the petitioners stands on a similar footing to that of co-accused Ranjan Kumar who has been enlarged on bail by order dated 11.12.2019 passed in Cr. Misc. No. 82180 of 2019. It is further submitted that there is no evidence that the said articles were stolen property, the petitioners are in custody since 8.9.2019 and have no criminal antecedent.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the fact of grant of bail to the co-accused, the petitioners having no criminal antecedent and being in custody since 8.9.2019, the Court is inclined to enlarge the petitioners on bail. Let the petitioners above named be enlarged on bail on each of them furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 515 of 2019. (Partha Sarthy, J) Prakash/- U