Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52391 of 2018 Arising Out of PS. Case No.-130 Year-2017 Thana- NAYA RAM NAGAR District- Munger ====================================================== Chhotu Kumar, Son of Ram Sumran Paswan, Resident of Village- Gauripur, Safiyabad, P.S.- Naya Ram Nagar, District- Munger. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rabi Bhushan For the Opposite Party/s :

Mr. Sri Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Naya Ramnagar P. S. Case No. 130 of 2017 registered for the offences punishable under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)A, 26/35 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody in connection with the present case since 22.06.2017. The allegation is that on chase the Police has arrested this petitioner along with two others namely, Rohit Kumar and Sanjiv Kumar. From possession of this petitioner one loaded country made Katta has been recovered. Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.52391 of 2018(2) dt.28-09-2018 2/2 petitioner has been made accused in another one case while he was in custody in connection with the present case. Learned APP for the State has opposed the prayer of bail.

However, considering the facts and circumstances of the case wherein the petitioner is in custody for more than one year and three months, let the petitioner Chhotu Kumar be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate Ist, Munger in connection with Naya Ramnagar P.S. Case No. 130 of 2017, subject to the condition laid down under Section 437(3) Cr.P.C. as also the petitioner shall provide one bailor from his family members having no criminal antecedent and cooperate in course of trial by putting appearance on each and every date. Two consecutive failure to attend the court below in course of trial without any valid reason shall result into cancellation of bail without any application on behalf of the prosecution by the court below.

(Rajeev Ranjan Prasad, J) avin/- U T