Bittu Kumar @ Bittu Yadav @ Karan Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22284 of 2018 Arising Out of PS. Case No.-146 Year-2017 Thana- CHAKIA District- East Champaran ====================================================== Bittu Kumar @ Bittu Yadav @ Karan Kumar Yadav S/o Raju Yadav @ Bala Yadav, R/o Village- Gerabari, Naya Tola, Jurabganj, P.S.- Kordha, DistrictKatihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uma Shankar Prasad Singh, Advocate For the Opposite Party/s :
Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-04-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner seeks bail in connection with Trial No, 2113 of 2018, arising out of Chakia P.S. Case No. 146 of 2017, G.R No. 3370 of 2017 registered for the offence punishable under Sections 379 and 411 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that while he had taken out Rs. 70,000/- from his PNB bank account and Rs. 25,000/- from the ATM and was keeping the same in his motorcycle, the petitioner snatched the bag but was later apprehended and from the bag Rs. 95,000/- was recovered.
Patna High Court Cr.Misc. No.22284 of 2018(2) dt.19-04-2018 2/3 Accordingly, a seizure-list was prepared.
It has been submitted by the learned counsel for the petitioner that he is innocent, his name is Karan Kumar and he was arrested in connection with Chakia P.S case No, 269 of 2017 on 12.10.2017 and it is only on 02.04.2018, he has been granted bail by this Court. On 15.11.2017 he has been remanded in the present case, hence, there was no occasion that the petitioner would have committed such an offence in the open market. He submits that even the seizure-list does not bear his signature although he was apprehended on the spot, which creates doubt in the prosecution story. He further submits that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner.
However, learned A.P.P. for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the
Patna High Court Cr.Misc. No.22284 of 2018(2) dt.19-04-2018 3/3 learned Additional Chief Judicial Magistrate-cum-SubJudge-13, East Champaran at Motihari in connection with Trial No, 2113 of 2018, arising out of Chakia P.S. Case No. 146 of 2017, G.R No. 3370 of 2017.
(Nilu Agrawal, J.) Arjun/- U T