Sumit Kumar @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73428 of 2018 Arising Out of PS. Case No.-463 Year-2018 Thana- KADAMKUAN District- Patna ====================================================== Sumit Kumar @ Guddu, Son of Satish Mahto @ Santosh Mahto, a resident of Mohalla- Mugalpura, Jamui Roy Ka Kuan, Police Station- Khajekalan, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Arvind Kumar Mouar, Advocate.

For the Opposite Party/s :

Mr. Indra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-01-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Kadamkuan P.S. Case No. 463 of 2018 instituted for the offence under Sections 401 and 414 of the Indian Penal Code.

In the written report it is alleged that Police during patrolling duty saw four persons riding on the Motorcycle and Scooty. On seeing the police party, they started running away by turning their Motorcycle. They were apprehended by the police and on search being made by the police, one 1 1⁄2" long iron rod was recovered from possession of co-accused Sonu Kumar. It is further alleged that apprehended persons disclosed that they have committed theft at different places and stolen

Patna High Court Cr.Misc. No.73428 of 2018(3) dt.09-01-2019 2/2 goods have been kept in the house of the petitioner. Police searched the house of the petitioner and 3 LCD T.Vs. have been recovered.

Counsel for the petitioner submits that recovery of three LCDs are not stolen articles. He further submits that petitioner used to purchase old articles and after repairing, he used to sell them in the market. There is no case of those LCDs having been stolen from somewhere.

Petitioner is said to be in custody since 11.8.2018. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, 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 learned Additional Chief Judicial Magistrate-VIIth, Patna, in connection with Kadamkuan P.S. Case No. 463 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T