Chhotu Kumar @ Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24344 of 2016 Arising Out of PS.Case No. -72 Year- 2016 Thana -SAHARSA District- SAHARSA ====================================================== Chhotu Kumar @ Aditya Kumar, Son of Ajay Kumar Resident of MohallaPashupaian Colony PO+PS &District Saharsa. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Diwakar Prasad Singh, Advocate For the Opposite Party : Mr. M.K. Nirala (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 01-06-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Saharsa P.S. case no. 72/2016 registered for offence under Sections 399, 402, 364, 511 of the Indian Penal Code.

It has been alleged in the FIR that the petitioner along with other co-accused were planning to commit dacoity and to kidnap a doctor. On information, the police raided and from the possession of the petitioner, one mobile phone was recovered. During investigation, the name of the petitioner emerged whereupon the petitioner was arrested from his own

Patna High Court Cr.Misc. No.24344 of 2016 (2) dt.01-06-2016 2/2 house. Nothing incriminating has been recovered from his possession.

Having no criminal antecedent, let the petitioner, namely, Chhotu Kumar @ Aditya Kumar be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa P.S. case no. 72/2016, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J.) rinkee/- U