Aryan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36382 of 2019 Arising Out of PS. Case No.-67 Year-2019 Thana- SACHIVALAYA District- Patna ====================================================== ARYAN KUMAR, Son of Phoolchand Yadav, Resident of Village - Jurabganj, P.S.- Kodha, Distt - Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 23-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Sachivalaya P.S. Case No.67 of 2019 instituted for the offence under Section(s) 392, 411 Indian Penal Code.

Counsel for the petitioner submits that as per written report petitioner was apprehended with motorcycle just after the occurrence of loot, but no any article has been recovered from his possession. Petitioner is a man of clean antecedents. He has been arrested merely on suspicion.

In the written report, it is alleged that the informant after withdrawing money from the bank kept rupees 3.50 lac in the dickey of the motorcycle. When he returned, he saw one person was breaking dickey and one person was sitting near his

Patna High Court CR. MISC. No.36382 of 2019(3) dt.23-07-2019 2/2 motorcycle. The informant chased the person and caught him near 28 Number Post. One person managed to run away and this petitioner was arrested. During course of search, golden chain, driving license was recovered. It is alleged that Rs.3.50 lac has been taken away by another accused.

In this manner, from the written report, it appears that money has not been recovered from possession of the petitioner although petitioner was caught just after the occurrence. Petitioner is in custody since 03.03.2019 having clean antecedents.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail 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 Chief Judicial Magistrate, Patna, in connection with Sachivalaya P.S. Case No.67 of 2019, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T