Sundaram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26683 of 2018 Arising Out of PS.Case No. -35 Year- 2018 Thana -JANDAHA District- VAISHALI(HAJIPUR) ======================================================

1. Sundaram Kumar, son of Sri Manoj Kumar @ Manoj Thakur, Resident of Village- Mustafapur, P.S.- Ahiyapur, District- Muzaffarpur, permanent addressResident of VillageNarayanpur, P.S.

Kanti, DistrictMuzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Nilesh Kumar Mr. Ajay Kr. Thakur, Adv.

For the Opposite Party/s : Mr. Sri Iftekhar Mahmood Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-05-2018 Heard the parties.

The petitioner seeks bail in a case registered for the offence punishable under Sections 392 and 412 of the Indian Penal Code. Four Bolero borne criminals are said to have committed loot of three mobiles, three tractors, two trailers, ATM cards and cheque book after intruding into the brick kiln and tying the informant and others. Upon search, looted mobiles and cash of Rs. 40000/- are said to have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in the case at the instance of his enemies.

Patna High Court Cr.Misc. No.26683 of 2018 (3) dt.29-05-2018 2/2 Mobile and cash seized from the possession of the petitioner belongs to him. Said mobile is not looted one. Number of said mobile does not match with the looted one. The petitioner is stated to be languishing in custody since 03.03.2018. Co-accused, namely, Bablu Kumar Choubey @ Bablu Kumar Choudhary has been enlarged on bail by a co-ordinate bench of this court vide order dated 10.05.2018 passed in Cr. Misc. No. 28204 of 2018. It is further submitted that yet another similarly situated coaccused person has also been granted bail by this Court by an order dated 22.05.2018 passed in Cr. Misc.No.31447 of 2018. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (rupees Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Vaishali, in connection with Jandaha P.S. Case No. 35 of 2018.

(Mohit Kumar Shah, J) Sanjeev/- U T