Chhotu Kumar @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29430 of 2021 Arising Out of PS. Case No.-828 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== Chhotu Kumar @ Rakesh Kumar S/O- Chandeshwar Rai Resdient of VillagePanapur, Gorahi, P.S. - Sadar, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kurhani P.S. Case No. 828 of 2019 instituted for the offences under Section 395 of the Indian Penal Code read with Sections 25(1-b)a, 26 and 35 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 27.06.2020 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the informant alleges that on 19.12.2019 at about 2.40 pm, five accused persons armed with weapon entered into the bank brandishing their weapon and thereafter looted Rs.

Patna High Court CR. MISC. No.29430 of 2021(2) dt.24-11-2021 2/3 12,61,524/- from the cash counter and safe room. Further, that while fleeing, the accused took away the DVR of the CCTV of bank and mobiles of customers and employees were also snatched by miscreants. Accordingly, the present F.I.R. came to be instituted wherein the description of the notes looted is mentioned. It is further submitted that petitioner has got one criminal antecedent as mentioned in paragraph '3'. Learned counsel for the petitioner submits that the F.I.R. is against unknown and the name of the petitioner has transpired on the confessional statement of co-accused Suman Kumar Bhagat and the said Suman Kumar Bhagat has been granted bail by the learned court below.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 27.06.2020, charge-sheet has been submitted in the case and co-accused has been granted bail by the learned court below, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., West Muzaffarpur in connection with Kurhani P.S. Case No. 828 of 2019 subject to

Patna High Court CR. MISC. No.29430 of 2021(2) dt.24-11-2021 3/3 the condition as laid down under Section 437 (3) Cr.P.C. (Satyavrat Verma, J) Rishi/- U T