Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16566 of 2020 Arising Out of PS. Case No.-237 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== JITENDRA KUMAR Son of Manoj Kumar Sahni @ Manoj Kumar Resident of Village - Telhua Mujwaniya Tola, P.S.- Nautan, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhileshwar Kumar Shrivastva For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-06-2020 Heard the learned counsel for the petitioner and the State.

The petitioner, who is in custody since 26.06.2019, seeks bail in connection with Nautan P. S. Case No. 237 of 2019 (G.R. No. 2575 of 2019) instituted for the offences under Sections 420, 413, 414, 467, 468, 471 and 34 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act, 1959. Apart from one case about which reference has been made in paragraph 3 of the bail petition, there is no other case in which the petitioner has been made accused apart from the present.

Patna High Court CR. MISC. No.16566 of 2020(2) dt.02-06-2020 2/3 On a secret information to the local police that the petitioner and two others have assembled at a place and who are in the habit of stealing motorcycles, a raid was conducted and the petitioner and his associates were arrested.

From the possession of the petitioner, a loaded country-made pistol was recovered. A motorcycle also is said to have been recovered which is suspected to be a stolen motorcycle. From the possession of the other associates of the petitioner also, motorcycle and countrymade weapons were recovered. On the showing of the petitioner and others, other stolen motorcycles also were recovered.

It has been urged on behalf of the petitioner that he has been arrested on suspicion. The motorcycle which is said to have been recovered from the petitioner is not a stolen property; rather it belongs to his relative. The case in which the petitioner was earlier made accused about which statement has been made in

Patna High Court CR. MISC. No.16566 of 2020(2) dt.02-06-2020 3/3 paragraph 3 of the bail petition, he has been granted bail.

Considering the nature of accusation against the petitioner and his period of custody, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Nautan P. S. Case No. 237 of 2019 (G.R. No. 2575 of 2019).

(Ashutosh Kumar, J) skm/- U