← Library
Patna High CourtCR. MISC./68800/2019bail granted

Chhotu Kumar v. The State Of Bihar

2019-12-04Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68800 of 2019 Arising Out of PS. Case No.-278 Year-2019 Thana- GRIYAK District- Nalanda ====================================================== CHHOTU KUMAR Son of Sahdeo Saw Resident of Village and PostORRO, Police Station- Hisua, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 419/420/467/468/471 of the Indian Penal Code and 66 I.T. Act.

Informant who is a police officer has alleged in his written complaint that on receiving confidential information that Shankar Kumar with his associates is indulged in cheating the poor person he raided his house and recovered several mobile phones and one ATM Card.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He is brother-in-law of the accused Shankar Kumar and had gone there to give him "Prasad" and had been apprehended by the police when he was there in the night. Nothing has been recovered from his possession and the mobile seized by the

Patna High Court CR. MISC. No.68800 of 2019(2) dt.04-12-2019 2/2 police official belongs to accused. Petitioner has no criminal antecedent and is in custody since 06.08.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Giriyak (Katarsarai) P.S. Case No. 278/2019, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Ranjeet/- U T