Birendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70051 of 2019 Arising Out of PS. Case No.-688 Year-2019 Thana- KOTWALI District- Patna ====================================================== BIRENDRA KUMAR Son of Heera Moti Singh Resident of Village- Usari Sikarpur, P.S. Shahpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Pathak For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 399, 402, 120(B), 400, 414 of the Indian Penal Code and 25(1-b)a, 26 and 35 of the Arms Act. Prosecution case, in short, is that on seeing the police party, the accused persons started fleeing away but were arrested.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 2.8.2019 and has got no criminal antecedent. Charge-sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. No fire arms is recovered from the

Patna High Court CR. MISC. No.70051 of 2019(2) dt.18-11-2019 2/2 possession of the petitioner. One knife is alleged to have been recovered.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No. 688/19.

(Sudhir Singh, J) Pankaj/- U T