Chintu @ Rajnish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47138 of 2016 Arising Out of PS.Case No. -5 Year- 2016 Thana -KANTI District- MUZAFFARPUR ====================================================== Chintu @ Rajnish Kumar son of Ram Pravesh Sah, resident of village- Sain, Tole Brijlal, Police Station- Kanti, District- Muzaffarpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Rajpati For the Opposite Party/s : Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 30-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner is accused in connection with Kanti P.S. Case No. 05 of 2016 registered under Sections 399, 402, 414 of the I.P.C., 25(1-b)A, 26(ii), 35 of the Arms Act and 20, 22 of the N.D.P.S. Act.
The allegation is of buying a motorcycle, which was looted in Kanti P.S. Case No. 592 of 2015. Submission is that petitioner is quite innocent and has falsely been implicated in this case mere on suspicion due to village politics. Nothing incriminating has been recovered from the conscious possession of the petitioner. Further submission is that petitioner is in custody since 05.01.2016 and similarly situated
Patna High Court Cr.Misc. No.47138 of 2016 (3) dt.30-01-2017 2/2 co-accused Shyam Sunder Sahni has already been allowed bail by a Bench of this Court vide Cr. Misc. No. 24483 of 2016. Having considered the facts and circumstances of the case, let the above named petitioner 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 Sessions Judge-cum-Special Judge, N.D.P.S.
Act, Muzaffarpur in connection with Kanti P.S. Case No. 05 of 2016 subject to the condition that one of the bailors shall be a close relative of the petitioner. The petitioner and the bailors shall execute bond with regard to good behavior of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall co-operate in the trial and be present before the Court on each and every day. Failure to co-operate or appear on the two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds. (Arvind Srivastava, J) Shail/- U T