Bittu Kumar @ Bitu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27817 of 2020 Arising Out of PS. Case No.-46 Year-2020 Thana- MANJHI District- Saran ====================================================== BITTU KUMAR @ BITU KUMAR, Male, aged about 20 years, S/o Shatrudhan Sah, Resident of Village- Marhan, P.S.- Manjhi, District- Saran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Dr. Rajesh Kumar Singh, Advocate.

For the Opposite Party :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Section 414 of the I.P.C. The prosecution story, in brief, is that on 24.02.2020 the informant received secret information that co-accused Prince Kumar had kept a stolen Motorcycle in his house, then he

Patna High Court CR. MISC. No.27817 of 2020(2) dt.27-11-2020 2/3 alongwith police party around 1.30 P.M. raided the house of Prince Kumar and recovered a Motorcycle bearing Registration No. BR-04Z-8814. Prince Kumar disclosed that he alongwith this petitioner had stolen the said Motorcycle. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The name of the petitioner has transpired in the present case on the basis of confessional statement of coaccused Prince Kumar. Except for this, there is no substantive evidence to suggest the implication of the petitioner in the present case. The petitioner had no knowledge that the Motorcycle in question is a stolen property.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances of the case, the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.27817 of 2020(2) dt.27-11-2020 3/3 learned A.C.J.M.-XIV, Saran at Chapra, in connection with Manjhi P.S. Case No. 46/20, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T