Allowed

Ramakant Kumar and Anr. v. The State Of Bihar

Patna HC10 Aug 2017CR. MISC./37976/2017

Case brief

AI extract

What is this about?

The High Court at Patna granted regular bail to two drivers accused of theft under Sections 379 and 411 IPC. The court held the petitioners clean of prior convictions and fit to be released on furnishing a bail bond. The order does not specifically grant drivers

What did the court decide?

Petitioners allowed to be enlarged on regular bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each.

Ramakant Kumar and Anr. Vs The State Of Bihar — Contract and Commercial Disputes | Patna HC (2017)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37976 of 2017

¶2

Arising Out of PS.Case No. -193 Year- 2017 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF)

¶3

====================================================== 1. Ramakant Kumar son of Hari Kisun Paswan, R/O Village Baruna, P.S. Fatuha, District Patna.

¶4

Sanjay Kumar @ Karu Kumar @ Sanjiv Kumar, son of late Jawahar Prasad, R/O of Village Shivchak, P.S. Fatuha, District Patna.

¶5

.... .... Petitioner/s

¶6

Versus

¶7

The State of Bihar

¶8

.... .... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar Sharma For the Opposite Party/s : Mr.

¶10

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

¶11

2 10-08-2017 Heard the learned counsel for the petitioners.

¶12

The petitioners seek regular bail in connection with Islampur P.S. Case No. 193 of 2017, registered for the offence punishable under Section 379 of the Indian Penal Code, but subsequently Section 411 of the Indian Penal Code was added.

¶13

The case of the prosecution is that while the informant was on patrolling duty and at about 1.30 P.M. when he reached the place near Village Ratanpura situated side by Islampur Ekangar road, the trucks in question which had been seized by the District Transport and Mining Department and had been kept there, were was missing from the place. Thereafter, on 20.06.2017 when the police personnel were on duty, they apprehended two trucks bearing No. BR01GA6800 and BR01GA8600 as well as the

¶14

Patna High Court Cr.Misc. No.37976 of 2017 (2) dt.10-08-2017

¶15

2/2

¶16

drivers of the said truck, namely, Ramakant Kumar and Karu Kumar @ Sanjeev Kumar i.e. the petitioners herein.

¶17

It has been alleged that the petitioners had tried to trick the security personnel and take away the truck with a view to avoid prosecution and penalty.

¶18

The learned counsel for the petitioner submits that so far as Section 379 of the Indian Penal Code is concerned, no offence is made out since there is no allegation of carrying of any stolen articles. It is further submitted that the petitioner has a clean antecedent and are merely drivers of the trucks in question.

¶19

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

¶20

Accordingly, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM, Hilsa (Nalanda) in connection with Islampur P.S. Case No. 193 of 2017.

¶21

(Mohit Kumar Shah, J)

¶22

BTiwary/U T

Ramakant Kumar and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Ramakant Kumar and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Laxman Singh @ Laxman Prasad Vs State Of Bihar and Anr.

Wasil Ahmad Khan and Ors. Vs State Of Bihar and Anr.

Surendra Raut Vs State Of Bihar and Anr.

Roshan Hazari and Anr. Vs The State Of Bihar

Sahdeo Prajapati and Anr. Vs The State Of Bihar

Ghanshyam Kumar Vs The State Of Bihar