Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2155 of 2020 Arising Out of PS. Case No.-181 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== Chhotu Kumar Son of Rudal Mahto, Resident of Village - Manopur, P.S. Bhagwanpur, District - Begusarai.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Sumiran Rai, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Khodawandpur P.S. Case No. 181 of 2019 registered for the offences punishable under Section 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner is not named in the First Informant Report and name of the petitioner has come during course of investigation. The stolen motorcycle is said to have been recovered from the possession of the petitioner but the petitioner was driving that motorcycle after taking it from a co-villager. Petitioner is in custody since 03.09.2019 having no

Patna High Court CR. MISC. No.2155 of 2020(2) dt.16-01-2020 2/3 criminal antecedent.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the submission of learned counsel for the petitioner that though the stolen motorcycle is said to have been recovered from the possession of the petitioner but the petitioner was driving that motorcycle after taking it from a co-villager and further submission that the petitioner has no criminal antecedent prior to this case as also that he is in custody since 03.09.2019, let the petitioner above named be released on bail in connection with Khodwandpur P.S. Case No. 181 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Begusarai, subject to the condition as laid down under Section 437 (3) Cr.P.C.

Patna High Court CR. MISC. No.2155 of 2020(2) dt.16-01-2020 3/3 acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) vats/ved U T