Shubham Kumar @ Bittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26156 of 2020 Arising Out of PS. Case No.-787 Year-2019 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Shubham Kumar @ Bittu, aged about 22 years, male, S/o Santosh Kumar R/o Village- Rahsa East, P.O.- P.S.- Bhagwanpur, District- Vaishali. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Satya Prakash Sinha, Advocate For the Opposite Party :

Mr. Uma Nath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-10-2020 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 Muzaffarpur P.S. Case No. 787 of 2019 for the offence under Section 392 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner would submit that the petitioner has no criminal antecedent and he is in custody since 28.11.2019. He further submits that nothing was recovered from possession of the petitioner and name of the petitioner has transpired on the confessional statement of co-accused Saurya Pratap Singh.

Learned counsel appearing on behalf of the State would submit that it would not be appropriate to release the

Patna High Court CR. MISC. No.26156 of 2020(2) dt.12-10-2020 2/2 petitioner as his release may adversely affect conduct of the fair election.

In view of the above, the court of Chief Judicial Magistrate, Muzaffarpur is directed to release the petitioner on bail on appropriate terms and conditions after result of General Election in the State of Bihar is declared i.e. after 10th November, 2020.

With the aforesaid, the application stands disposed of. (Anil Kumar Upadhyay, J) BT/- U T