Bhavesh Kumar @ Bhavesh Sutihar @ Bhavesh Kumar Sutihar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9400 of 2020 Arising Out of PS. Case No.-926 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== BHAVESH KUMAR @ BHAVESH SUTIHAR @ BHAVESH KUMAR SUTIHAR, aged about 26 years, Male, son of Parmeshwari Mistry, Resident of Village - Patuaha, P.S.- and Distt.- Saharsa ... Petitioner
Versus
THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Amarnath Jha, Adv.
For the Opposite Party :
Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
The petitioner seeks bail in connection with Saharsa Sadar P.S. Case No. 926 of 2019, registered under Section 395 of the Indian Penal Code.
The accusation is that at about 01.30 p.m. on 16.10.2019, 7 to 8 miscreants, having fire arm, entered in the shop of the informant, Binod Kumar, and started to make firing, due to that reason the staff of the shop started to flee away hither and thither. One miscreant pointed the pistol at the temple of Sumit Kumar, cousin brother of the informant, and took the cash Rs.3,00,000/- from cash box. At that time, Md. Imam Ali, customer of the shop, and his driver, Md. Abul, were also present. In firing Md. Abul sustained slight injury at his thigh. The miscreants also snatched cash of Rs.15,000/- and Rs.10,000/- from Md. Imam Ali and Md. Abul. On raising alarm the neighbour rushed and all were chased, two were apprehended, who disclosed their names as Ranjan Yadav and
Patna High Court CR. MISC. No.9400 of 2020(2) dt.18-02-2020 2/2 Vijay Thakur and both disclosed the name of the petitioner and two others as their associates.
Submission is that the name of the petitioner has surfaced in the confessional statement of the co-accused, who were said to be apprehended on the spot. Further, submission is that while the petitioner is accused in three cases, as detailed in paragraph 3 of the petition, but, in that cases he is on bail. The petitioner is in custody in present case since 03.11.2019. Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Saharsa Sadar P.S. Case No. 926 of 2019 to the satisfaction of the Chief Judicial Magistrate, Saharsa, subject to the condition that out of two bailors, one must either be parent or close relative of the petitioner.
(Rajendra Kumar Mishra, J) Shamshad/- U T