Pintu Kumar Chaudhary @ Pintu Kumar @ Painter v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51230 of 2016 Arising Out of PS.Case No. -359 Year- 2016 Thana -CHAPRA TOWN District- SARAN ====================================================== Pintu Kumar Chaudhary @ Pintu Kumar @ Painter, son of Baban Choudhary, resident of Village- Mauna Dhanuk Toli Panchayat Bhawan, P.S.- Chapra Town, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 02.08.2016 in connection with Chapra Town P.S. Case No. 359 of 2016 registered for the offence punishable under Sections 399, 401, 413, 414 of the Indian Penal Code.

The prosecution case, as lodged by the police party, is that petitioner and others were caught on the spot and several motorcycles, ATM cards and mobiles were seized from their possession. They have named the other co-accused and petitioner was caught with some ATM cards, mobiles and a motorcycle, which he claims to be of his own.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.51230 of 2016 (2) dt.01-12-2016 2/2 petitioner that he is innocent and has falsely been implicated in the aforesaid case. The seized motorcycle belongs to him, as he is the registered owner and has been released by the learned Court below in his favour. It is further submitted that one of the apprehended co-accused, Kishan Kumar, on similar allegation, has since been granted the privilege of bail in Cr. Misc. No. 44188 of 2016 on 28.11.2016.

However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, since on similar allegation, one of the co-accused has since been granted the privilege of bail, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Town P.S. Case No. 359 of 2016.

(Nilu Agrawal, J.) Arjun/- U T