Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8706 of 2020 Arising Out of PS. Case No.-309 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== SACHIN KUMAR Son of Umesh Singh Resident of Village - Bihat, Gurdaspur Tola, Police Station - Barauni F.C.I, District - Begusarai. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Amit Kumar, Advocate.

For the State :

Mr. Syed Mojibur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-06-2020 Heard through Video Conferencing.

The petitioner seeks bail in connection with Barauni P.S. Case No.309 of 2019 registered under Section 392 of the Indian Penal Code.

The accusation is that on 20.07.2019 at about 11.00 P.M., the informant Chandan Kumar along with his nephew Dilkhush Kumar proceeded from the house boarding on Blue Colour Apachi Motorcycle bearing Registration No.BR01EB8881 for the house of his uncle Surya Tanti. In the way, three persons boarding on Discover motorcycle having no registration number overtook the motorcycle of the informant and snatched his motorcycle on the point of pistol. The informant identified them as Prince Kumar, Chunchun Singh

Patna High Court CR. MISC. No.8706 of 2020(3) dt.02-06-2020 2/3 and Sachin Kumar (petitioner), resident of village-Bihat Tola Gurudaspur. The informant has detailed the physique of the culprits in the F.I.R.

Submission is that, in fact, on 21.07.2019, the petitioner was apprehended by the police with country made pistol and was made accused in Barauni FCI P.S. Case No.310 of 2019. Thereafter, the petitioner was remanded in the present case on 14.11.2019 and since then he is in custody. Further submission is that after apprehending of the petitioner in Barauni FCI P.S. Case No.310 of 2019, the police implicated the petitioner in the present case showing his name in the fardbeyan of the informant. No incriminating article was recovered from the possession of the petitioner rather one blue colour motorcycle having no registration number is said to be recovered from one Rahul Kumar, who is not named in the F.I.R. On investigation, the police has already submitted the chargesheet against the petitioner.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, in

Patna High Court CR. MISC. No.8706 of 2020(3) dt.02-06-2020 3/3 connection with Barauni P.S. Case No.309 of 2019. Out of the two sureties, one must be either parents or the close relative of the petitioner.

(Rajendra Kumar Mishra, J) P.S./- U T