Patna High CourtCR. MISC./1952/2019allowed

Subhash Kumar @ Subash Kumar v. The State Of Bihar

2019-01-15Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1952 of 2019 Arising Out of PS. Case No.-148 Year-2018 Thana- RAGHOPUR District- Supaul ====================================================== Subhash Kumar @ Subash Kumar, Son of Sri Kashindra Yadav, Resident of Village- Champanagar, Ward No.10, Police Station- Raghopur, DistrictSupaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naresh Kumar Mehta, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-01-2019 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Raghopur P.S. Case No. 148 of 2018 for the offence under Sections 413, 414, 420/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is in custody since 06.06.2018.

Referring to the prosecution case, he submits that the petitioner was caught by the police along with TVS Motorcycle, although nothing incriminating was recovered. He submits that the petitioner has not produced the paper of TVS Motorcycle and on that basis he has been arrested on suspicion of keeping the stolen motorcycle.

Patna High Court Cr.Misc. No.1952 of 2019(2) dt.15-01-2019 2/2 Referring to Annexure-2, learned counsel submits that the seizure list witnesses have filed affidavit in the court of Additional Chief Judicial Magistrate stating that their signatures were obtained by the police on a blank paper. Considering the fact that the petitioner has got no criminal antecedent and he is in custody since 06.06.2018, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Birpur at Supaul in connection with Raghopur P.S. Case No. 148 of 2018. (Anil Kumar Upadhyay, J) uday/- U