Patna High CourtCR. MISC./51676/2016allowed

Deepak Kumar v. The State Of Bihar

2017-01-09Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51676 of 2016 Arising Out of PS.Case No. -152 Year- 2016 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Deepak Kumar, Son of Rajesh Sah, resident of Village- Khiriya Ghat, P.S.- Bairiya, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Ramchandra Sahani, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 09-01-2017 Heard learned counsel for the petitioner as well as learned APP for the State.

Deceased, Sanjiv Kumar had gone towards village, Bhithan, Baghi, Bairiya in order to sell toffee, was throttled by the unknown criminals. The criminals also took away his belongings. It is evident from the case diary that on call details, mobile set belonging to the deceased was found to be used by one Santosh Kumar who was apprehended and on query, he disclosed that the aforesaid mobile was handed over to him by one Kundan Kumar, his brother-in-law and who on query disclosed that the said mobile was given to him by his cousin brother, Mantu. He further disclosed that Mantu had obtained from Pappu who had obtained from one Rajan Kumar. Rajan Kumar (para 88) and Pappu (para91) were apprehended. Pappu had disclosed that the

Patna High Court Cr.Misc. No.51676 of 2016 (3) dt.09-01-2017 aforesaid mobile was handed over to him by Deepak Kumar, the petitioner who was accordingly, apprehended and on query, he disclosed different sources through which he had received the aforesaid mobile set.

Considering the nature of the incriminating circumstance having been collected by the Investigating Officer as disclosed above, petitioner, Deepak Kumar is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri A.K. Tripathi, Judicial Magistrate, Bettiah, West Champaran in Bairiya PS Case No. 152/2016.

(Aditya Kumar Trivedi, J) perwez U T