Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16320 of 2019 Arising Out of PS. Case No.-687 Year-2018 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== CHHOTU KUMAR, aged about 36 years, Male, S/o Sudhir Mahto, Resident of village-Madhopur Satanpur, P.S.-Ujiyarpur, District-Samastipur ... Petitioner

Versus

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

For the Petitioner :

Mr. Vinay Kumar Mishra, Adv.

For the Opposite Party :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 26-03-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner is languishing in judicial custody since 27.11.2018 in connection with Muffasil P.S. Case No. 687 of 2018 for the offences alleged under Sections 414 and 34 of the Indian Penal Code and under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

The prosecution case, as lodged by the police personnel, is that while investigating Muffasil P.S. Cases No. 645 of 2018 and 644 of 2018 the police suspected that the stolen mobile in the aforesaid case was being possessed by the petitioner and a raid was conducted and the stolen mobile was found in his possession. He revealed the name of other accomplices who has participated in loot with the help of arms and, accordingly, raid was conducted in the house of the

Patna High Court CR. MISC. No.16320 of 2019(2) dt.26-03-2019 2/3 associates of the petitioner and arms and ammunitions were recovered along with stolen motorcycle. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that no arms or weapons were recovered from the possession of the petitioner, hence, no case is made out under the Arms Act against the petitioner. He, further, submits that the petitioner has been sufficiently punished and undertakes to cooperate in the investigation. He, further, submits that charge sheet has already been submitted, there being no allegation of tampering with the prosecution witnesses and the petitioner is languishing in judicial custody since nearly four months. However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the nature of allegations and the materials on record, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Muffasil P.S. Case No. 687 of 2018 to the satisfaction of the learned Chief Judicial Magistrate, Samastipur,

Patna High Court CR. MISC. No.16320 of 2019(2) dt.26-03-2019 3/3 subject to the following conditions :

(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Nilu Agrawal, J) Shamshad/- U T