Bipin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30764 of 2020 Arising Out of PS. Case No.-73 Year-2020 Thana- BARACHATTI District- Gaya ====================================================== BIPIN KUMAR, Son of Vidyanand Chaudhary @ Vidhanand Chaudhary Resident of Village-Bhuintoli, Shobh, P.S.-Barachatti, District-Gaya. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Mrigendra Kumar For the Opposite Party/s :
A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-02-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 10.11.2020, within four weeks of starting of Court proceeding in physical mode.
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Barachatti P.S. Case no. 73 of 2020, registered under Sections 379 and 411 of the Indian Penal Code. The accusation is that on 06.02.2020, informant Sudhir Kumar parked his tempo bearing registration No. BR02JA-1012 at Chainpur and went to his house and on the next morning, when he came there then found the battery of his tempo was removed. On inquiry, he came to know that 3 to 4
Patna High Court CR. MISC. No.30764 of 2020(2) dt.19-02-2021 2/3 persons were moving hither and thither nearby the tempo. Thereafter, informant started searching his stolen battery, in course of search, he reached near Gulsakri river then four persons were seen carrying two batteries loading on cycle. When he asked to stop then two persons managed to escape after throwing the battery from the cycle, but one person was apprehended, who disclosed his name Rohit Kumar. On inquiry, he disclosed that the battery was stolen in the night of 06.02.2020 from Chainpur. The apprehended person also disclosed the name of his associates as Aman Kumar, Bipin Kumar (Petitioner) and Dilip Kumar.
Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and his name has been disclosed by co-accused Rohit Kumar, who is said to be apprehended on the spot. It would appear from the F.I.R. that alleged stolen battery from the tempo of petitioner was handed over to the Police by the informant himself. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.30764 of 2020(2) dt.19-02-2021 3/3 amount each to the satisfaction of learned A.C.J.M. Sherghati, Gaya in connection with Barachatti P.S. Case No. 73 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T