Suraj Kumar @ Oti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36417 of 2020 Arising Out of PS. Case No.-573 Year-2019 Thana- MAKHDUMPUR District- Jehanabad ====================================================== SURAJ KUMAR @ OTI SON OF MANOJ KUMAR SINGH RESIDENT OF VILLAGE - MAKHDUMPUR SARAIYA, POLICE STATION - MAKHDUMPUR, DISTRICT - JEHANABAD ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Singh, Advocate For the Opposite Party/s :
Mr.J.K.Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 30-01-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all the defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.
2. The petitioner is in custody since 11.01.2020 in connection with Makhdumur (Tehta) P.S. Case No. 573 of 2019 for the alleged offences under Sections 395, 396 and 397 of the Indian Penal Code and Section 27 of the Arms Act.
3. It is submitted that the petitioner has been falsely implicated in connection with commission of dacoity and murder of the informant's husband by the accused persons. The
Patna High Court CR. MISC. No.36417 of 2020(2) dt.30-01-2021 2/3 petitioner is not named in the FIR, which has been instituted against 11 unknown persons. It is submitted that the petitioner has been implicated on the confessional statement of co-accused Ravi Kumar as well as self confession before the police, except which there is no objective material to connect the petitioner with the alleged occurrence. No recovery of any incriminating articles has been made from the conscious possession of the petitioner. Other co-accused Sunil Saw @ Sunil Sao, Ravi Kumar @ Vicky Kumar and Shambhu Kewat have been granted bail by this Court in Cr. Misc. No. 25744 of 2020, Cr. Misc. No. 24891 of 2020 and Cr. Misc. No. 30483 of 2020 respectively. The petitioner claims clean antecedents.
4. Learned APP appears and has been heard.
5. Be that as it may and having regard to the period of custody already suffered since 11.01.2020, 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 learned Chief Judicial Magistrate, Jehanabad in connection with Makhdumpur P.S. Case No. 573 of 2019, if he is not otherwise required in any other case.
6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made
Patna High Court CR. MISC. No.36417 of 2020(2) dt.30-01-2021 3/3 by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Vikash Jain, J) HR/- U T