Baroon Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7189 of 2016 Arising Out of PS.Case No. -41 Year- 2015 Thana -KUTUMBA District- AURANGABAD ====================================================== Baroon Kumar son of Sri Pramod Singh, resident of Village- Ibrahimpur, Police Station- Kutumba, District- Aurangabad (Bihar). .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamlendra Pd. Singh, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh-I(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-04-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner apprehends his arrest in connection with Kutumba P.S. Case No. 41 of 2015 registered for offence punishable under Sections 384, 386/34 of the Indian Penal Code. The prosecution case, in brief, is that on 10.08.2015 at about 9:30 A.M. the informant, who is Senior Manager of Punjab National Bank was going along with the cashier, Brajesh Kumar on a motorcycle and when they reached near Sheikhpura village, miscreants snatched bag from the informant and fled away. Miscreants were identified as Anil Kumar, Dhiraj and Bittu. Subsequently, residents of Parsa village disclosed that six persons have entered into the house of one Priyanka Devi, who identified
Patna High Court Cr.Misc. No.7189 of 2016 (3) dt.06-04-2016 2/3 them as Anil Kumar, Rahul Kumar, Bittu Kumar, Dhiraj Chandrabanshi, Sanjit Kumar and one unknown person of village Ibrahimpur.
It has been submitted by the counsel for the petitioner that that petitioner is innocent and has been falsely implicated in the aforesaid case on the basis of suspicion. It has further been submitted that the petitioner has no criminal history and nothing incriminating has been recovered from his possession. Counsel for the petitioner further submits that one co-accused has since been granted the privilege of bail till conclusion of investigation by a Coordinate Bench of this Court in Cr. Misc. No. 7299 of 2016 on 18.02.2016.
However, learned A.P.P. for the State opposes the prayer for bail.
Be that as it may, since the petitioner has not been named in the First Information Report and has been implicated in the occurrence only on the basis of suspicion, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of eight weeks from today, be released on bail till conclusion of the investigation on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of like amount each to the satisfaction of Sri Sanjeev Kumar, learned
Patna High Court Cr.Misc. No.7189 of 2016 (3) dt.06-04-2016 3/3 Judicial Magistrate 1st Class, Aurangabad in connection with Kutumba P.S. Case No. 41 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. (Nilu Agrawal, J.) Arjun/- U T