Kumar Sawan @ Sawan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32203 of 2020 Arising Out of PS. Case No.-213 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== Kumar Sawan @ Sawan Kumar S/o Sakaldev Rai Resident of VillageDwarikanathpur, P.s.- Karja, District- Muzaffapur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ratneshwar Prasad For the Opposite Party/s :
A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-03-2021 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 27.11.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Paroo P.S. Case no. 213 of 2020, registered under Sections 399, 402, 413 and 414 of the Indian Penal Code. The accusation is that on receiving secret information about gathering of miscreants near bridge of canal at Garha road, the informant and other Police personnel proceeded there then on seeing the vehicle of Police party, some persons started fleeing, but, on chase, two persons were
Patna High Court CR. MISC. No.32203 of 2020(2) dt.08-03-2021 2/3 apprehended while others managed to escape. On query, the apprehended persons disclosed their names as Pankaj Kumar Yadav, son of Sakaldeo Rai and Sunil Sahani, son of Sukan Sahani. On search, Pankaj Kumar Yadav was found in possession of one big scissor of lock cutter, one iron sawal, knife and vehicle bearing registration No. BR06GD-0921 and one knife was found in possession of Sunil Sahani. They also disclosed the name of other persons, who managed to escape, as Chandan Kumar, Sawan Kumar (Petitioner) and Pintu Kumar along with 3-6 persons as his associates indulged in committing theft and robbery by cutting the lock of the shutter.
Learned counsel for the petitioner submits that petitioner is the brother of co-accused Pankaj Kumar Yadav, who is said to be apprehended along with Sunil Sahani with cutter, knife etc. as well as vehicle, which is in the name of petitioner. Further submission is that, in fact, Pankaj Kumar Yadav, brother of petitioner, used to run iron material shop and petitioner being brother of co-accused Pankaj Kumar Yadav has also been implicated in this case. The petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the
Patna High Court CR. MISC. No.32203 of 2020(2) dt.08-03-2021 3/3 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 amount each to the satisfaction of learned A.C.J.M-III, West Muzaffarpur in connection with Paroo P.S. Case No. 213 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