Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42443 of 2017 Arising Out of PS.Case No. -148 Year- 2017 Thana -MALSALAMI District- PATNA ======================================================

1. Bittu Kumar, Son of Sri Vijay Prasad @ Vijay Kumar, Resident of Mohalla- Mansurganj, Main Road, infront of Gandhi School, P.S. Malsalami, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhay Kumar For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2017 The petitioner seeks regular bail in connection with Malsalami P.S. Case No. 148 of 2017, registered for offences punishable under Sections 395 of the Indian Penal Code. Allegation against the petitioner and other co-accused person is of snatched the bag of informant, which contained Rs. 2,00,000/- and further there is recovery of Rs. 10,000 from the petitioner.

It has been submitted on behalf of the petitioner that he has not been named in the F.I.R, his name has been dragged in this case only on the basis of suspicion and so far recovery is concerned, the said money belongs to the petitioner. Petitioner has no criminal antecedent and has been in judicial custody since

30.06.2017 and other co-accused having similar allegation has already been granted bail by this Court vide order dated11.09.2017, passed in Cr. Misc. No. 41848 of 2017. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM -4th Patna City, Dist - Patna, in connection with Malsalami P.S. Case No. 148 of 2017.

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part two appear before the court below on two consecutive dates without showing any genuine reasons, the

prosecution will be free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T