Bijendra Kumar @ Chotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.470 of 2019 Arising Out of PS. Case No.-63 Year-2015 Thana- ARWAL District- Jehanabad ====================================================== Bijendra Kumar @ Chotu Son of Yogendra Prasad Resident of Village-Kera Samser Nagar, P.S. Daudnagar,Distt.-Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr.Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-03-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Arwal P.S. Case No. 63/2015, instituted for offences under Section(s) 394 and 302 of the Indian Penal Code read with Section 27 of Arms Act. Learned counsel for the petitioner has submitted that petitioner is not named in the written report. His name has come during investigation in the confessional statement of co-accused Vikash Kumar. There is no recovery of any incriminating article from possession of this petitioner. No T.I.P. has been held in this case.

Case diary has been received.

Learned Addl. P.P. has submitted that during investigation police on the basis of tower location of mobile has

Patna High Court CR. MISC. No.470 of 2019(3) dt.08-03-2019 2/2 found the trace of petitioner.

Learned Addl. Sessions Judge, Jehanabad has mentioned in the impugned order that name of this petitioner has come in the confessional statement of co-accused Vikash Kumar.

The other co-accused has already been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 24599/2016 dated 18.07.2016.

Petitioner is in custody since 01.02.2016.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal, in connection with Arwal P.S. Case No. 63/2015, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T