Binit Kumar @ Vinit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10437 of 2020 Arising Out of PS. Case No.-679 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== BINIT KUMAR @ VINIT KUMAR S/o Manilal Das @ Manilal Das Mani Resident of Jhapra Tola, Ward No.39, Saharsa, P.S. and Distt- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application for regular bail arises out of Saharsa Sadar P.S. Case No. 679 of 2019, disclosing the offences under Sections 399, 401, 414 of the Indian Penal Code, Sections 25(1-B)a, 26 and 35 of the Arms Act. The petitioner along with other accused was arrested by the Police on the allegation that they were planning to commit dacoity. It appears from the First Information Report that allegedly a search was conducted of all persons who were apprehended whereupon, from the possession of co-accused Deepak Kumar and Raushan

Patna High Court CR. MISC. No.10437 of 2020(3) dt.02-03-2020 2/3 Kumar, pistols and live cartridges were recovered. The petitioner's Motorcycle was also recovered by the Police. Learned counsel appearing on behalf of the petitioner has submitted that except for the petitioner's presence at the place of occurrence and recovery of Motorcycle which is registered in the name of petitioner's brother, there is no material against him.

Learned counsel for the petitioner has drawn my attention to an order of this Court dated 25.11.2019 passed in Cr. Misc. 75058 of 2019 whereby co-accused Bikash Kumar @ Bikas Kumar @ Vikas Kumar has been allowed regular bail.

Considering the facts and circumstances of the case, this application is allowed. Let the petitioner, abovenamed, 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 learned Chief Judicial Magistrate, Saharsa, in connection with Saharsa Sadar P.S. Case No. 679 of 2019, subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of

Patna High Court CR. MISC. No.10437 of 2020(3) dt.02-03-2020 3/3 failure on his part to appear before the court on two consecutive occasions, his bail Bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) S.Ali/- U T