Sharwan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16139 of 2019 Arising out of PS. Case No.-414 Year-2018 Thana- RUPASPUR District- Patna ====================================================== SHARWAN KUMAR son of Satendra Choudhary, Resident of MohallaNoon Ka Chauraha Dhal Ke Niche, P.S.- Mehandiganj, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satrudhan Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-04-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Rupaspur P.S. Case No. 414 of 2018, Session Trial No. 786 of 2018 registered for the offence punishable under Sections 399, 402, 379, 411 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

The allegation is regarding the Police having apprehended the petitioner and other accused persons and as far as the petitioner is concerned, it is alleged that the motorcycle which he was driving is a stolen one.

The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. It is submitted that the petitioner is having a clean

Patna High Court CR. MISC. No.16139 of 2019(2) dt.01-04-2019 2/2 antecedent and appears to be a first timer as far as the alleged crime is concerned. The petitioner is stated to be languishing in custody since 27.09.2018. Lastly, it is submitted that the petitioner is ready to deposit cash security for the purposes of securing regular bail.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the release of the petitioner, above named, on regular bail upon furnishing a sum of Rs. 10,000/- with the Nazarat of the concerned trial court in connection with Rupaspur P.S. Case No. 414 of 2018, Session Trial No. 786 of 2018 and subject to such other conditions as may be imposed by the learned trial court i.e. the learned court of Additional District Judge-II, Danapur.

It is needless to state that the aforesaid deposit of Rs. 10,000/- shall be subject to the final outcome of the trial. With the aforesaid observations and directions, the present bail petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U T