Shatrudhan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 51650 of 2019 Arising Out of PS. Case No.-328 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== SHATRUDHAN KUMAR (Male), aged about 23 years, S/o Raja Sah R/o Mohalla- Hariwatika Chowk, P.S.- Bettiah Muffasil, District- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 01-10-2019 Heard learned counsel for the petitioner and the learned APP.

Petitioner seeks bail in a case registered under Sections 399, 402, 411, 414 of Indian Penal Code and Sections 25, 26, 35 of Arms Act.

Learned counsel for the petitioner submits that the allegation against the petitioner at best is of purchasing a motorcycle which is said to be a stolen one. The allegation of conspiracy is against other co-accused persons. Co-accused Pappu Kumar, who has been allowed bail by order dated 06.08.2019 by a coordinate Bench of this Court in Cr Misc No 49033 of 2019, is also said to be part of the conspiracy. On that score, case of the petitioner is similarly situated as that of Pappu Kumar.

Patna High Court CR. MISC. No.51650 of 2019(3) dt.01-10-2019 2/2 Learned APP does not dispute this fact as it is apparent from perusal of the First Information Report itself. Considering the rival submissions and the fact that the petiioner has no criminal antecedent and is in custody since 27.04.2019, this Court is inclined to grant bail to the petitioner. Accordingly, let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in Bettiah Town Police Station Case No 328 of 2019 with the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T