Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34041 of 2020 Arising Out of PS. Case No.-1272 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== BITTU KUMAR S/o Garib Nath Sahani R/o village- Jhapahan, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Chandrasen Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-12-2020 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Ahiyapur P.S. Case No. 1272 of 2019 (G.R. No. 5726 of 2019), disclosing offences punishable under Section 392 of the Indian Penal Code.

Allegedly, the informant while moving in a motorcycle was intercepted by four miscreants on a highway who at the point of pistol, snatched the bag, which he was carrying containing cheque book, pass book and other documents. They also snatched his wallet containing cash worth Rs. 13,400/- and a mobile phone. The informant had resisted the attempt and because of hue and cry raised during the occurrence the police party came leading to arrest of two out of

Patna High Court CR. MISC. No.34041 of 2020(2) dt.22-12-2020 2/2 the four miscreants. Two managed to flee away with the looted articles. The said apprehended miscreants, viz, Guddu Kumar and Ajit Kumar are said to have disclosed the petitioner's name, who had fled away.

Learned counsel appearing on behalf of the petitioner has submitted that he has been falsely implicated in the case because of his animosity with the persons apprehended. He has further submitted that the person, who was apprehended and who disclosed petitioner's name as one of the participants in commission of offence has been allowed bail by an order of this Court dated 06.02.2020 passed in Cr. Misc. No. 8581 of 2020. Considering the fact that the co-accused, who confessed his guilt and disclosed the petitioner's name as one of the miscreants has been allowed bail, this application is allowed. Let the petitioner above-named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in Ahiyapur P.S. Case No. 1272 of 2019 (G.R. No. 5726 of 2019).

(Chakradhari Sharan Singh, J) arun/- U