Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83291 of 2019 Arising Out of PS. Case No.-44 Year-2019 Thana- LAKHISARAI District- Lakhisarai ====================================================== CHHOTU KUMAR Son of Late Bideshi Yadav Resident of MohallaMahadeo Asthan, New Colony, Town, P.S.- and District- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar, Adv.

For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-01-2020 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

Informant is a employee of Sudha Dairy who is engaged in transportation of milk and it is alleged that four accused persons snatched away his mobile and torch and threatened not to come to take milk from the village as there is scarcity of milk in the village. Further allegation is that they also took away battery, jack of the tempo.

It is submitted on behalf of petitioner that he is innocent and has been falsely implicated on the basis of confessional statement of co-accused and except said confessional statement there is no other incriminating material

Patna High Court CR. MISC. No.83291 of 2019(2) dt.06-01-2020 2/2 against him, nothing has been recovered from his conscious possession. He has got no criminal antecedent and is in custody since 15.07.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bonds of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Lakhisarai Ramgarh Chowk P.S. Case No.44 of 2019, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Prakash Narayan /- U T