Patna High CourtCR. MISC./27940/2016bail granted

Chhotu Kumar v. The State Of Bihar

2016-09-20Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.27940 of 2016 (3) dt.20-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27940 of 2016 Arising Out of PS.Case No. -2 Year- 2016 Thana -BUNIADGANJ District- GAYA ======================================================

1. Chhotu Kumar S/o Karu Das resident of Village- Usari, P.S. Buniayadganj, District-Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar Sinha For the Opposite Party/s Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 20.09.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 307 and other minor sections of the Indian Penal Code and section 3 of the Damage to Public Property Act.

It is alleged in the first information report that several persons attacked on the excise officials as well as police officials and in that course assaulted the officials whereas this petitioner is said to have snatched rifle and cartridges from police and fled away from there. Two persons were caught on the spot and disclosed the name of the petitioner and after that snatched rifle and cartridges were recovered from the house of the petitioner.

Submission on behalf of the petitioner is that nothing was recovered from the conscious possession of the petitioner and even if the alleged recovery assumed to be true, then also, same has been

Patna High Court Cr.Misc. No.27940 of 2016 (3) dt.20-09-2016 made from the house. It is further submitted that the petitioner is in jail custody since 7.3.2016 and does not have any criminal antecedent. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in Buniyadganj P.S. Case no. 02/2016.

shahid (Hemant Kumar Srivastava,J) U T