Patna High CourtCR. MISC./40543/2016bail granted

Chintu Kumar And ANR v. The State Of Bihar

2016-10-03Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40543 of 2016 Arising Out of PS.Case No. -663 Year- 2015 Thana -NAWADA District- NAWADA ======================================================

1. Chintu Kumar

2. Manish Kumar @ Mantu Kumar Both sons of Mahendra Prasad Barnwal resident of Mohalla- Garhpar Nawada, P.S.- Nawada, District- Nawada. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-10-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered for the offences punishable under Sections 457, 380 of the Indian Penal Code.

Petitioners are not named in the first information report but in course of investigation, it came to light that stolen mobile was being used by one Prakash Sharma and when the aforesaid Prakash Sharma was interrogated, the said Prakash Sharma disclosed that it was petitioner no. 1, namely, Chintu Kumar, who purchased the Sim card using his photographs as well as Voter Identity Card. However, one stolen mobile is said to have

Patna High Court Cr.Misc. No.40543 of 2016 (2) dt.03-10-2016 2/2 been recovered from possession of co-accused, Manish Kumar, Son of Mithilesh Prasad, who disclosed that stolen mobile was sold to him by petitioner no. 2, namely, Manish Kumar @ Mantu Kumar. It appears that except the aforesaid materials, there is nothing against the petitioners. Moreover, petitioners do not have any criminal antecedent and are languishing in jail custody since 02.08.2016.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Nawada Town P.S. Case No. 663 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T