Patna High CourtCR. MISC./32488/2019bail granted

Ashutosh Kumar @ Bholi Singh v. The State Of Bihar

2019-05-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32488 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- PHENHARA District- East Champaran ====================================================== Ashutosh Kumar @ Bholi Singh Son of Late Tara Chandra Singh Resident of Village- madhurapur, P.S.- Phehara, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 399, 402, 414 of the Indian Penal Code and 25(1-b)a, 26, 35 of the Arms Act.

The prosecution case in brief is that on secret information, the informant along with police personnel reached at the place of occurrence and caught three miscreants including the petitioner. One white colour mobile was recovered from possession of the petitioner.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 14-02-2019. Charge sheet has already been submitted. The petitioner has

Patna High Court CR. MISC. No.32488 of 2019(2) dt.16-05-2019 2/2 been falsely implicated in the present case. There is no recovery of any illegal arms from possession of the petitioner. One mobile phone is said to have been recovered from possession of the petitioner. The said mobile phone belongs to the petitioner. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to 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 learned Additional Chief Judicial Magistrate-XII, Motihari, East Champaran in connection with Phenhara P.S. Case No. 07 of 2019.

(Sudhir Singh, J) A.K.V.//- U T