Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41900 of 2016 Arising Out of PS.Case No. -72 Year- 2015 Thana -SAMASTIPUR GRP CASE DistrictSAMASTIPUR ====================================================== Chhotu Kumar, son of Murari Poddar, resident of village- Devka, P.S. Chotham, District-Khagaria .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pranav Kumar For the Opposite Party/s : Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-10-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Samastipur Rail P.S. Case No. 72 of 2015 registered for the offence punishable under Section 379 of the Indian Penal Code.

Allegedly, one unknown person snatched purse from the hand of the sister of the informant containing gold chain, ring, ATM card, Voter I.D., Samsung Mobile, Religious book and cash of Rs. 10,000/-. During investigation, on the basis of confessional statement of the petitioner, he has been implicated in this case.

Submission is of false implication and that the petitioner is a handicapped person, he has lost his one leg in

Patna High Court Cr.Misc. No.41900 of 2016 (2) dt.17-10-2016 2/2 train accident and is unable to move without help. The informant being an eye-witness has not disclosed that the purse was snatched by one handicapped person. The petitioner is in custody since 26.05.2016, he has not been put on T.I.P. and, as such, he deserves sympathetic consideration. Learned A.P.P. submits that the petitioner has himself confessed his guilt.

In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Samastipur in connection with Samastipur Rail P.S. Case No. 72 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) ajaypd./- U T