Chotak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 82507 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- PIRO District- Bhojpur ====================================================== CHOTAK KUMAR Son of Ram Pati Singh Resident of Village- Basheya, P.S.- Agion Bazar, District- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

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

Ms Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 12-12-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Piro Police Station (for brevity, PS) Case No 30 of 2019 instituted for the offence under Section(s) 399, 402, 414 of Indian Penal Code and Sections 25 (1-b)a/26/35 of Arms Act.

On alleged information that some anti-social elements have assembled and are plotting to commit dacoity, it is alleged that the informant had gone to the house in question from where two persons were apprehended with arms. It is on disclosure of the two persons that the petitioner has been implicated in this case. It is submitted that the entire prosecution story is based on suspicion. Other than statement of co-accused, there is nothing to connect the petitioner with the alleged occurrence and there is

Patna High Court CR. MISC. No.82507 of 2019(2) dt.12-12-2019 2/2 no recovery whatsoever from the petitioner. It is submitted that because he has been implicated in many cases earlier, merely on suspicion, his name has been dragged in the instant case also. Petitioner is in custody since 11.09.2019.

Considering the aforesaid, let the petitioner, above named, 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 Chief Judicial Magistrate, Bhojpur in connection with Piro PS Case No 30 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T