Chhotu Kumar @ Raj @ Vidyanand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67409 of 2019 Arising Out of PS. Case No.-139 Year-2014 Thana- SARSI District- Purnia ====================================================== CHHOTU KUMAR @ RAJ @ VIDYANAND Son of Ashok Sah Resident of Village-Kusthan, P.S.-Bihariganj, District-Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sarsi P.S. Case No.139 of 2014 registered under Sections 363 and 364/34 of the Indian Penal Code, which was, later on, converted under Sections 364, 302, 207 and 120 of the Indian Penal Code. The accusation is that Mintu Kumar, the son of the informant Kaushal Kumar Bharti, went at Sarsi Bazar boarding on his motorcycle but he did not return. In the meantime, Shashi Kumar Yadav alias Mangu talked the informant on phone saying that he along with 7-8 persons are coming from Bolero vehicle at Balutole and as his son is acting unlawfully, due to that reason, he wants to compromise. When the informant made query to him about the name of the persons, who are coming with him, then he asked that Bablu

Patna High Court CR. MISC. No.67409 of 2019(2) dt.27-11-2019 2/2 Yadav, maternal uncle of Bablu and his father-in-law Kari Lal Yadav along with 4-5 persons are coming with him. In the meantime, they took away the son of the informant along with his motorcycle and he did not return. The informant raised suspicion having hand of the aforesaid persons in kidnapping of his son and committing his murder.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R. In course of investigation, it has only come that the mobile phone and the SIM of the son of the informant was used by this petitioner but neither the mobile phone nor the SIM of the son of the informant was recovered from the possession of the petitioner. The petitioner has no criminal antecedent and is in custody since 22.08.2019. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, First Class, Purnea, Shree Rahul Kumar, in connection with Sarsi P.S. Case No.139 of 2014.

(Rajendra Kumar Mishra, J) P.S./- U T