Patna High CourtCR. MISC./15460/2016bail granted

Sushil Kumar v. The State Of Bihar

2016-04-18Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.15460 of 2016 (2) dt.18-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15460 of 2016 Arising Out of PS.Case No. -4 Year- 2016 Thana -BIKRAM District- PATNA ====================================================== Sushil Kumar son of Deo Karan Thakur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Ms. Mahasweta Chatterjee For the Opposite Party/s Mr. Anish Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 18.04.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 399, 402, 120B/34 of the Indian Penal Code as well as various sections of the Arms Act.

Petitioner was caught along with some others while they, allegedly, assembled to make preparation for committing dacoity and one pistol containing five live cartridges is said to have been recovered from conscious possession of the petitioner. Petitioner is in jail custody since 9.1.2016 and does not have any criminal antecedent.

Submission on behalf of the petitioner is that present case is nothing but only highhandedness of the police and, as a matter of fact, nothing has been recovered from conscious possession of the petitioner nor the petitioner was caught on the spot but, as a matter of fact, he was picked up from his house and implicated in this case.

Patna High Court Cr.Misc. No.15460 of 2016 (2) dt.18-04-2016 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Danapur District Patna in Bikram P.S. Case no. 04/2016. shahid (Hemant Kumar Srivastava,J) U T