Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9438 of 2020 Arising Out of PS. Case No.-623 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== ROHIT KUMAR Son of Ashok Mahto Resident of Village - Nagdah, P.S.- Muffasil (Singhaul O.P.), District- Begusarai. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar For the Opposite Party/s :
Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Muffasil (Singhaul) P.S. Case No.623 of 2019 registered under Sections 399, 402, 414, 120B and 115 of the Indian Penal Code besides Sections 25(1-B)a, 26 and 35 of the Arms Act.
The accusation is that on receiving the secret information about gathering of the miscreants to make plan to commit dacoity and murder, the informant along with other police personnel reached at village-Nagdah, where six persons were found sitting at Basa. On seeing the police party, they started to flee away but, on chase, three persons were apprehended, who disclosed their name as Kangaroo alias Vikram alias Mahboob, Banti Kumar and Shatrughan Kumar. On search, Md. Mahboob alias Kangaroo alias Vikram was found in
Patna High Court CR. MISC. No.9438 of 2020(2) dt.24-02-2020 2/2 possession of one loaded country made pistol and one empty cartridge, whereas Banti Kumar was found in possession of one loaded country made pistol. On query, one caught hold person, namely, Kangaroo alias Mahboob alias Vikram disclosed the name of three persons, namely, Chandan Kumar, Rohit Kumar (petitioner) and Ganga Paswan, who succeeded to flee away. Learned counsel appearing on behalf of the petitioner submits that the petitioner was not apprehended on the spot rather his name has been disclosed by the one caught hold person, namely, Kangaroo alias Mahboob alias Vikram. The petitioner has no criminal antecedent and is in custody since 08.01.2020.
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 connection with Muffasil (Singhaul) P.S. Case No.623 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.