Sautan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5723 of 2017 Arising Out of PS.Case No. -200 Year- 2016 Thana -SULTANGANJ District- BHAGALPUR ====================================================== Sautan Kumar Son of Garib Mandal, Resident of Village-Narayanpur Bhitta P.S.-Sultanganj, Dist.-Bhagalpur, .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashutosh Kumar, Advocate For the Opposite Party/s : Mr. Binod Kumar 2, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 02.11.2016 in connection with Sultanganj P.S. Case No. 200 of 2016 registered for the offence punishable under Sections 341, 323, 307, 379 and 504/34 of the Indian Penal Code. The prosecution case is that when the informant was returning from fair to board the train, three persons caught and assaulted him and also snatched Rs. 500=00 and a nokia mobile from his pocket. He identified the petitioner and two other accused persons.
It has been submitted by the learned counsel for the petitioner that he is innocent, has no criminal antecedent and there
Patna High Court Cr.Misc. No.5723 of 2017 (2) dt.01-03-2017 2/2 is no motive behind the alleged occurrence. He submits that nothing has been recovered from the conscious possession of the petitioner and no case under Section 307 of the Indian Penal Code is made out against him.
However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Sultanganj P.S. Case No. 200 of 2016.
(Nilu Agrawal, J.) Arjun/- U T