Bittu Kumar @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52411 of 2018 Arising Out of PS.Case No. -575 Year- 2017 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ====================================================== Bittu Kumar @ Raja, S/o Dilip Bhagat @ Dilip Singh, Resident of VillageKolhua Paigambarpur (Ayachigram), P.S.- Ahiyapur, District- Muzaffarpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Prasad Karn For the Opposite Party/s : Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

28-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Sessions Trial No. 257/2018 arising out of Kanti P.S. Case No. 575/2017 dated 29.12.2017 registered for the offence punishable under Sections 399, 400, 402, 413, 414 of the Indian Penal Code and under Section 25(1-b)a/26/35 of the Arms Act.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent. It is submitted that the allegation is that this petitioner was one of the persons who was planning to commit to loot of money from Mahila Jeevika are false and baseless. It is submitted that petitioner was going on the motorcycle with his brother-in-law towards Kanti Kothiya when

Patna High Court Cr.Misc. No.52411 of 2018 (2) dt.28-09-2018 they were arrested. It is submitted that nothing has been recovered from the possession of this petitioner and as per statement made in paragraph-3 of the application the petitioner has got no criminal history.

On the other hand, learned Additional Public Prosecutor for the State has opposed the prayer for bail and submits that this petitioner was arrested by police while he was planning along with others to commit loot. It is stated that one country made loaded Katta was recovered from the possession of this petitioner.

Considering the facts and circumstances of the case wherein it is submitted that the petitioner is in custody for about 71⁄2 months and he has no criminal history as also that the coaccused Prem Kumar has been granted bail by the learned coordinate Bench of this court, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 15,000/- (Rupees fifteen thousand only) with two sureties of the like amount each to the satisfaction of the learned 13th Additional Sessions Judge, Muzaffarpur, in connection with Sessions Trial No. 257/2018 arising out of Kanti P.S. Case No. 575/2017, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure with further condition that one of the bailors would be a

Patna High Court Cr.Misc. No.52411 of 2018 (2) dt.28-09-2018 family member having no criminal antecedent; the petitioner should not be found involved in any offence of similar nature in future and he will be present in trial court as and when the dates are fixed. Two consecutive failures to attend the court for no plausible reason shall lead to cancellation of his bail by the court below without looking for any application for this purpose on behalf of the prosecution.

(Rajeev Ranjan Prasad, J) Rajeev/- U T