Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12522 of 2019 Arising Out of PS. Case No.-297 Year-2018 Thana- KHUSRUPUR District- Patna ====================================================== SATISH KUMAR Son of Late -Anil Yadav Resident of Village - Kondi, P.S.- Pandarak, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Manglam For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-03-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 23.11.2018 in a case registered for the offences punishable under Sections 399,402,411,413 and 414 of the I.P.C. and under Sections 25(1-B)a, 26 and 35 of the Arms Act.

The prosecution case as per the self statement of S.I. Mritunjay Kumar of Khusrupur Police Station recorded on 22.11.2018 at 10.00 A.M., is to the effect that on 21.11.2018 at 5.30 P.M., a secret information was received that certain miscreants have gathered and are preparing to commit dacoity, whereupon, a raid was laid when on seeing the police, three persons managed to escape whereas four persons namely, coaccused Kundan Kumar, Bikrant Kumar, Chhotu Kumar and Rahul Kumar were apprehended. During investigation, the

Patna High Court CR. MISC. No.12522 of 2019(2) dt.01-03-2019 2/3 apprehended accused disclosed the name of the persons who escaped from the scene including the petitioner. It is submitted by learned counsel for the petitioner that the petitioner has been roped in the present case. Statement has been made in paragraph 15 of the petition which reads as follows:

"That the petitioner begs to submit that the police have been recovered Motorcycle and Mobile from the possession of the petitioners the both articles are belongs to the petitioner. There is nothing incriminating articles."

Learned APP submits that the name of the petitioner sprang up in the confessional statement of the apprehended accused and the recovery has been made from the house of the petitioner.

Considering the fact the name of the petitioner sprang up in the confessional statement of the apprehended accused, period under custody and the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Patna City, Patna in

Patna High Court CR. MISC. No.12522 of 2019(2) dt.01-03-2019 3/3 connection with Khusarupur P.S. Case No.297 of 2018. (Dinesh Kumar Singh, J) anil/- U