Bittu Kumar @ Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10212 of 2020 Arising Out of PS. Case No.-347 Year-2019 Thana- RAMPUR District- Gaya ====================================================== Bittu Kumar @ Shivam Kumar, Son of Shambhu Sharma, Resident of Village- Deodharpur, P.S.- Tekari, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Rampur P.S. Case No. 347 of 2019, registered under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

The accusation is that in course of patrolling duty, some persons, sitting in four-wheeler vehicle, were seen in suspicion condition. On seeing the police party, they started to flee away, but on chased, five persons were apprehended, who disclosed their names as Teju Yadav, Bishal Yadav, Amit Anand, Bittu Kumar @ Shivam Kumar (petitioner) and Khesari @ Santosh Kumar. On search, Teju Yadav was found in possession

Patna High Court CR. MISC. No.10212 of 2020(2) dt.03-03-2020 2/2 of one country made pistol and two life cartridges, Bishal Yadav was found in possession of two live cartridges and others including the petitioner were found in possession of one mobile set.

Learned counsel for the petitioner submits that petitioner has been apprehended mere on suspicion. Mr. Manish Kumar No.2, learned counsel for the petitioner submitted at bar that while petitioner is accused in three other cases, as detailed in para 3 of the petition, but in all three cases, he is on bail and in the present case, he is in custody since 29.09.2019. 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, Gaya, in connection withRampur P.S. Case No. 347 of 2019. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T