Bittu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.41470 of 2015 (2) dt.14-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41470 of 2015 Arising Out of PS.Case No. -353 Year- 2015 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Bittu Kumar, S/o Shri Birendra Prasad R/o:- Village- Paharichak, P.S. + P.O.- Sonepur, District- Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar For the Opposite Party/s Mr. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 14.09.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner was caught while assembled along with others to make preparation for committing dacoity and one country made loaded pistol and one live cartridge were recovered from his conscious possession.

The contention on behalf of the petitioner is that petitioner was apprehended by the police from his house and, as a matter of fact, nothing was recovered from his conscious possession. It is further contended that the petitioner was arrested on 13.5.2015 and was produced before the court on 15.5.2015 and learned the Chief Judicial Magistrate has called for an explanation from the concerned police station.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of the fact that

Patna High Court Cr.Misc. No.41470 of 2015 (2) dt.14-09-2015 petitioner does not have any criminal antecedent, 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 Chief Judicial Magistrate, Vaishali at Hajipur in Hajipur P.S. Case no. 353/2015.

shahid (Hemant Kumar Srivastava,J) U T