Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44009 of 2017 Arising Out of PS.Case No. -58 Year- 2017 Thana -CHAPRA RAIL P.S. District- SARAN ====================================================== Guddu Kumar son of Mushafir Ram, Resident of Village- Madhopur, P.S.- Rasara, District- Balia, Uttar Pradesh.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Chapra Rail P.S. Case No. 58 of 2017 for offences punishable under Sections 401 and 34 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that during course of patrolling on search of criminals and persons dealing with illicit liquor the petitioner along with two others were apprehended in a suspicious condition roaming at the platform. From the pocket of the petitioner a blade wrapped in paper was recovered.

Patna High Court Cr.Misc. No.44009 of 2017 (3) dt.09-11-2017 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and no overt act has been alleged to have been committed by him. The petitioner is made accused only on the basis of suspicion and that he is languishing in judicial custody since 23.07.2017. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Railway, Sonpur Saran at Chapra in connection with Chapra Rail P.S. Case No. 58 of 2017, subject to the conditions that:

(1) Both bailors would be close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner.

(2) If the petitioner indulges in an offence of similar nature in future,

Patna High Court Cr.Misc. No.44009 of 2017 (3) dt.09-11-2017 3/3 the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T