Shivam Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.34279 of 2018 (2) dt.26-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34279 of 2018 Arising Out of PS.Case No. -65 Year- 2018 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shivam Kumar, Son of Vijay Prasad @ Vijay Prasad Saraf, Resident of Raniganj, Ward No. 4, P.S.- Chakiya, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhav Jha For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 26-06-2018 Heard learned Counsel for the petitioner and the learned Counsel for the State.

Petitioner, already in custody since 8.4.2018, seeks bail in Chakiya PS Case No. 65 of 2018, registered under Sections 399, 402, 414 of the IPC and Section 25(10b)a, 26 and 35 of the Arms Act. The allegation in brief is that the police received secret information regarding assembly of several miscreants planning dacoity, reached there and apprehended some of them, from the possession of the petitioner one motorcycle suspected to be stolen is said to have been recovered and from the possession of others some arms were recovered.

Submission is that the so called recovery of the motorcycle is not from the conscious possession of the petitioner, rather it was parked at some other place, there is no recovery of any arms from him and he bears clean antecedent.

Having considered the said facts and circumstances, the petitioner Shivam Kumar is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of ACJM 13 Motihari in connection with Chakiya PS Case No. 65 of 2018. (Arun Kumar, J) Snkumar/- U T