Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41278 of 2019 Arising Out of PS. Case No.-290 Year-2018 Thana- DORIGANJ District- Saran ====================================================== BABLU KUMAR, Male, aged about 19 years, Son of Dashrath Paswan @ Dashrath Manjhi, Resident of Village- Dighi Chirand, P.S.- Doriganj, DistrictSaran ... Petitioner

Versus

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

For the Petitioner :

Mr. Mukesh Kumar Singh, Adv.

For the Opposite Party :

Mr. Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Doriganj P.S. Case No. 290 of 2018 for the offences alleged under Sections 413 and 414 of the Indian Penal Code. The accusation is that in course of patrolling duty 5-6 persons were seen on two motorcycles talking to each other. On seeing the police party, they started to flee away, but, on chase Puran Kumar and Chhotu Kumar were apprehended and they disclosed the name of this petitioner and three others. The learned counsel appearing for the petitioner submits that the petitioner was not apprehended on the spot or any incriminating article has been recovered from his possession. The name of the petitioner surfaced in the confessional statement of the co-accused, Puran Kumar and

Patna High Court CR. MISC. No.41278 of 2019(2) dt.04-07-2019 2/2 Chhotu Kumar, who were apprehended on two motorcycles and seized motorcycles are not belonging to this petitioner. Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Doriganj P.S. Case No. 290 of 2018 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, VII, Saran at Chapra, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure.

(Rajendra Kumar Mishra, J) Shamshad/- U T