Birsen Kumar @ Virsen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84405 of 2019 Arising Out of PS. Case No.-8 Year-2018 Thana- GURUA District- Gaya ====================================================== BIRSEN KUMAR @ VIRSEN KUMAR, S/o Arvind Singh Resident of Village- Kastua Koeri Bigha Near Khad Godown, P.S.- Magadh Medical College, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Advocate Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-12-2019 This is an application for grant of anticipatory bail in connection with Gurua P. S. Case No. 08 of 2018 disclosing offences under Section 392 of IPC and Section 27 of the Arms Act.

As per F.I.R. while the informant is In-charge Officer of the company involved in work of putting underground cable and while he was going to Sheghati to Rafiganj, two miscreants came by motorcycle, they snatched Digitrak Machine and on alarm, accused persons succeeded in fleeing away, leaving their motorcycle. Petitioner is not named in the F.I.R. Later on, his name transpires on the basis of confessional statement of the coaccused and there is recovery of Digitrak Machine from the house of the petitioner. The Digitrak machine has been

Patna High Court CR. MISC. No.84405 of 2019(2) dt.19-12-2019 2/2 purchased by the petitioner and the informant is his own brother, who has lodged this case.

Submission of the learned counsel for the petitioner is that the Digitrak Machine has already been released in faovur of the petitioner.

Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned S.D.J.M., Sherghati, Gaya, in connection with Gurua P. S. Case No. 08 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Sunil Shukla/- U T