Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 18925 of 2020 Arising Out of PS. Case No.-16 Year-2020 Thana- VAISHALI District- Vaishali ====================================================== Pintu Kumar Son of Bhola Sah Resident of Village - Madarna, P.S.- Vaishali, Distt.- Vaishali at Hajipur.

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

For the Petitioner :

Mr.Prakash Chandra Jha, Advocate For the Opposite Party :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-06-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Vaishali P.S. Case No.16 of 2020 for the offence under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has been made accused in this case because of the fact that he has previous criminal antecedents. The allegation against the petitioner is that he along with three other accused persons sitting on two motorcycles snatched mobile phone, Rs.20,000/- cash and a motorcycle from the informant.

Learned counsel appearing on behalf of the petitioner submits that the first information report was lodged against unknown and the petitioner is in custody since 27.01.2020.

Patna High Court CR. MISC. No. 18925 of 2020(2) dt.10-06-2020 2/2 Referring to the seizure list, it is submitted that recovery was made from possession of Manish Kumar and not from possession of this petitioner.

Considering the fact that the petitioner was not named in the FIR and no recovery was made from his possession, the Court is inclined to grant bail to him. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali P.S. Case No.16 of 2020, subject to the condition that one of the bailors shall be local elected representative and subject to further condition that on release, the petitioner shall render his service as volunteer in the District Health Centre for a period of three months in dedicated Covid hospital. He is required to report the District Nodal Officer in the concerned region who shall utilise the service of the petitioner appropriately.

(Anil Kumar Upadhyay, J) BT/- U T