Kaushal Kumar Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51366 of 2021 Arising Out of PS. Case No.-98 Year-2020 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Kaushal Kumar Suman Son of Vijay Kumar Sah Resident of VillagePakariya, P.S.- Phulparas, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogendra Kumar For the Opposite Party/s :

Ms.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2021 Heard both parties.

The petitioner seeks bail in Bhairav Asthan P.S. Case No. 98 of 2020, registered for the offence punishable under Section 392 of the Indian Penal Code. Later on, section 411 of the IPC was added.

As per the prosecution case, on 16.07.2020 while the informant was going to Darbhanga from his village Harari on motorcycle, a white colour Maruti Car overtook his motorcycle and 3-4 miscreants armed with pistol came before the vehicle and slapped the informant. They took away, motorcycle, mobile phone and cash from possession of informant.

It is submitted on behalf of the petitioner that petitioner is not named in the FIR. During course of investigation, name of this petitioner has come in this case on

Patna High Court CR. MISC. No.51366 of 2021(2) dt.29-11-2021 2/2 the basis of confessional statement of co-accused Shambhu Yadav. No incriminating article has been recovered from possession of this petitioner. The only material that has come against this petitioner is that petitioner was allegedly moving on the stolen motorcycle and after seeing the police fled away. The said motorcycle was recovered from the road. Petitioner is in custody since 29.01.2021.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged 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 learned Additional Chief Judicial Magistrate Ist, Jhanjharpur, Madhubani in connection with Bhairav Asthan P.S. Case No. 98 of 2020.

(Prabhat Kumar Singh, J) vinita/- U T