Shyam Sunder Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74517 of 2018 Arising Out of PS. Case No.-391 Year-2018 Thana- NARPATGANJ District- Araria ====================================================== Shyam Sunder Kumar, son of Triveni Yadav, Resident of Village- Koriyapatti, Police Station- Zadiya, District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 13-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Narpatganj P.S. Case No.391 of 2018 instituted for the offence under Section(s) 399 and 402 Indian Penal Code.

Counsel for the petitioner submits that police has registered two cases for the same occurrence. One case has been registered vide Narpatganj P.S. Case No.392 of 2018 for the offence under Section(s) 25(1-B)a, 26, 35 of the Arms Act and instant case has been registered under Section(s) 399, 402 Indian Penal Code.

In the instant case, the informant, who is a Police Officer, has alleged that he got information that few persons have assembled to commit crime. The informant along with

Patna High Court Cr.Misc. No.74517 of 2018(2) dt.13-12-2018 2/2 other police personnel reached there. On seeing the police party, five persons tried to run away. This petitioner along with three others were apprehended. One person managed to run away. The police recovered two live cartridges from right pocket of pant of the petitioner and one mobile from left pocket of the pant. Petitioner is in custody since 26.09.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Narpatganj P.S. Case No.391 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T