Chunnu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13778 of 2021 Arising Out of PS. Case No.-363 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== CHUNNU KUMAR Son of Mr. Sunil Singh @ Sunil Kumar Resident of Village - Pakri, P.S. - Fatehpur, District - Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Udbhav For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-08-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in a case registered for the offence punishable under sections 461, 379, 420, 427, 411/34 of the Indian Penal Code.

As per prosecution case, on receiving information from the office of Mumbai Vigilance that money was being extracted illegally by breaking and committed forgery from ATM machine, a raid was conducted and this petitioner along with co-accused was arrested on the spot and from the possession of this petitioner Rs 20,000/- was recovered and some weapon of steel used in extracting money from ATM was also recovered.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case and alleged recovery of Rs

Patna High Court CR. MISC. No.13778 of 2021(3) dt.16-08-2021 2/2 20,000/- belongs to the petitioner and there is nothing to show either from FIR or from the impugned order that recovered money was stolen one. Petitioner has got clean antecedent and is in custody since 21.09.2020. Charge sheet has already been submitted. Learned counsel for the State opposes the prayer for bail. Considering the period of custody, this bail application is allowed. Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in Barauni P.S. Case no. 363/2020 on the following conditions.

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) s.hassan/- U T