Chotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9010 of 2019 Arising Out of PS. Case No.-297 Year-2018 Thana- KHUSRUPUR District- Patna ====================================================== CHOTU KUMAR S/o Rameshwar Paswan Resident of Village and P.OSalimpur District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivanand Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-02-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 23.11.2018 in a case registered for the offences punishable under Sections 399,402,411,413 and 414 of the I.P.C. and 25(1-B) a, 26 and 35 of the Arms Act.

The prosecution case as per the written report of Mrityunjay Kumar, SHO, Khusrupur Police Station is to the effect that on 21.11.2018 at 5.30 P.M., a secret information was received that at Dayanand High School premises at Khusrupur, certain miscreants have gathered and are planning to commit dacoity. Thereafter, a raid was

Patna High Court Cr.Misc. No.9010 of 2019(2) dt.15-02-2019 2/3 laid when four persons including the petitioner were apprehended when three persons managed to escape from the spot. From the apprehended accused, country made pistol, cartridges, mobile phones, motorcycle and keys of motorcycles were recovered. In the statement of the apprehended co-accused Kundan Kumar, name of the petitioner surfaced and thereafter, search was made in the house of the petitioner, from where, one stolen Hero Splender motorcycle was recovered.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been roped in the present case maliciously and the petitioner claims to have purchased the alleged motorcycle from his acquaintance. It is further submitted that the recovery of the motorcycle in question has been made from the joint family house of the petitioner.

Learned APP submits that from the house of the petitioner, one stolen motorcycle was recovered. Considering the nature of recovery and the period under custody, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be

Patna High Court Cr.Misc. No.9010 of 2019(2) dt.15-02-2019 3/3 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 ACJM VI, Patna City in connection with Khusrupur P.S. Case No. 297 of 2018. (Dinesh Kumar Singh, J) anil/- U