Bipin Kumar @ Tutu @ Vipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11469 of 2020 Arising Out of PS. Case No.-388 Year-2019 Thana- BRAHMPURA District- Muzaffarpur ====================================================== BIPIN KUMAR @ TUTU @ VIPIN KUMAR, aged about 27 years (M), Son of Vinod Ray, Resident of Village-Barauna, P.S.- Karja, District- Muzaffarpur. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Hari Kishore Thakur, Advocate.

For the Opposite Party :

Mr.Shailendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 399, 402, 120(B)/34 of the IPC and 25(1-b)a, 26 and 35 of the Arms Act.

The prosecution story, in brief, is that on 12.11.2019 at 9.30 P.M.,the raiding party was on Gasti at Laxmi Chowk, in the meantime, he got information that 4-5 persons have indulged in preparation for committing crime near Tanduri Hotel. When the raiding party reached there, having seeing them, the culprits tried to flee away but they were apprehended. They disclosed their names as Hemant Kumar, Rambabu Singh alias Baba, Braj Mohan Kumar, Bipin Kumar (petitioner) and Amarjit Kumar and arms, cartridges and other materials were recovered from

Patna High Court CR. MISC. No.11469 of 2020(2) dt.28-02-2020 2/2 their possession.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 13.11.2019. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. Two live cartridges is said to have been recovered from possession of the petitioner. There is no compliance of Section 100 of Cr. P.C.

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

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Muzaffarpur, in connection with Brahampura P.S. Case No. 388 of 2019.

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