Moti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38197 of 2019 Arising Out of P.S. Case No.-120 Year-2018 Thana- PANDARAK District- Patna ====================================================== MOTI KUMAR, aged about 20 years, Son of Indradeo Yadav @ Indradeo Prasad Resident of Village - Dargahi Tola, P.S.- Pandarak, Distt - Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Tej Narayan Singh, Advocate For the Opposite Party :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 365, 386, 379, 341, 342 and 323/34 of the Indian Penal Code. As per the prosecution case, the accused persons kidnapped the informant, assaulted him, took his ATM card and got debited Rs.20,500/- from the said card. During investigation, police arrested one Bhushan Kumar who disclosed name of the petitioner as his associate in the aforesaid crime. It is submitted on behalf of the petitioner that the FIR is against unknown. It is also submitted that the name of this petitioner has come on the basis of confessional statement of coaccused Bhusan Kumar @ Dharmendra and no incriminating

Patna High Court CR. MISC. No.38197 of 2019(4) dt.14-08-2019 2/2 article has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent. Considering the facts aforesaid, let the petitioner above named, in the event of arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, 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-I, Barh, Patna/successor Court in connection with Pandarak P.S.Case No.120 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioner.

(Prabhat Kumar Singh, J) B.Kr./- U T