Chhotu Kumar @ Chhotan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37551 of 2019 Arising Out of PS. Case No.-26 Year-2019 Thana- PARSAUNI District- Sitamarhi ====================================================== 1.

CHHOTU KUMAR @ CHHOTAN Son of Rama Mahto @ Ram Nandan Mahto Resident of Village - Sumauti, P.S.- Runnisaidpur, Distt - Sitamarhi. 2.

Indal Kumar Son of Dev Nandan Mahto Resident of Village - Sumauti, P.S.- Runnisaidpur, Distt - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-06-2019 Heard learned counsel for the petitioners and the State. The petitioners seek bail in Parsauni P.S. Case No. 26 of 2019, instituted for the offence under Section (s) 414, 120(B)/34 of the Indian Penal Code, Sections 25(1-b)A, 26 and 35 of the Arms Act.

It is alleged in the written that during vehicle checking petitioners were apprehended by the informant with Apache Motorcycle. It is further alleged that one loaded country made pistol along with live cartridges have been recovered from possession of the petitioners.

Counsel for the petitioners submits that petitioners have no concern with the alleged Motorcycle. There is no recovery of any incriminating article from possession of the petitioners. They have

Patna High Court CR. MISC. No.37551 of 2019(2) dt.25-06-2019 2/2 been made accused merely on suspicion.

Petitioners are in custody since 26.2.2019 having clean antecedent.

Keeping in view the period spent by the petitioners in custody as well as having clean antecedent, prayer of the petitioners for grant of bail is allowed. Let the petitioners above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Parsauni P.S. Case No. 26 of 2019, subject to the condition that both the bailors will be the close relatives of the petitioners with further conditions which are as follows: (i) Petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court (ii) In absence on two consecutive dates without any valid reason, the bail bonds of the petitioners will liable to be cancelled and (iii) if petitioners tamper with the evidence or the witnesses of the case, in that event, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T