Satyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10333 of 2020 Arising Out of PS. Case No.-1094 Year-2019 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== SATYAM KUMAR, aged about 20 years (Male), Son of Prabhakar Sharma, Resident of Village - Nayagaon, P.S.- Parbatta, District- Khagaria. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Binod Kumar, Advocate.

For the Opposite Party :

Mr.Md. Anbzarul Haque Sahara, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences under Sections 441, 413, 414 and 401 of the I.P.C. The prosecution case, in short, is that the informant apprehended co-accused Sujit Kumar and recovered one Mobile and three Motorcycles from his house. On his disclosure, the informant apprehended this petitioner and other co-accused persons with stolen articles. They accepted that they are

Patna High Court CR. MISC. No.10333 of 2020(3) dt.01-06-2020 2/3 working in a gang and used to steal the bikes from different places of Bhagalpur Town and used to sell them at different places including other district and used to pay commission to the gang leader Chadan Kumar.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.12.2019. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in this case. There is no allegation of tampering with the witnesses alleged against the petitioner. The name of the petitioner has come on the basis of disclosure made by coaccused Sujit Kumar. One Mobile is alleged to have been recovered from possession of the petitioner. The same belongs to the petitioner. Neither any incriminating article nor any stolen article is said to have been recovered from possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of learned C.J.M., Bhagalpur in connection with Kotwali (Jogsar) P.S. Case No. 1094 of 2019.

Patna High Court CR. MISC. No.10333 of 2020(3) dt.01-06-2020 3/3 Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T