Patna High CourtCR. MISC./49972/2018bail granted

Sushil Kumar v. The State Of Bihar

2018-08-21Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49972 of 2018 Arising Out of PS. Case No.-238 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Sushil Kumar S/o Mahendra Paswan, R/o Vill.- Sankh, P.S.- Muffsil, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-08-2018 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the informant.

The petitioner, who is in custody, seeks bail in connection with Town P.S. Case No. 238 of 2018 registered for the offence punishable under Section 414 of the Indian Penal Code and 25 [1-b], a, 26, 35, of the Arms Act. Informant is the police officer, who in his self statement dated 27.04.2018 has alleged that while he was on patrolling duty, he saw three persons seated on the motorcycle and on seeing police they tried to flee away and they were chased and apprehended. On confession, three persons Ravi Kumar, Md. Afzal and the petitioner were apprehended alongwith stolen motorcycle.

Patna High Court Cr.Misc. No.49972 of 2018(2) dt.21-08-2018 2/2 It has been submitted by the petitioner that he is innocent and has been falsely implicated in this case. Motorcycle was not recovered from his possession and according to seizure list two master keys were recovered from the petitioner. It has been further submitted that he has no criminal antecedent and he is in custody since28.04.2018. It has been further submitted that similarly placed co-accused persons, namely, Md. Amanat, Ravi Kumar Soni and Md. Chand have already been granted bail by a Co-ordinate Bench of this Court vide order dated 19.07.2018, 20.07.2018 and 30.07.2018 passed in Cr. Misc. No. 42815 of 2018, Cr. Misc. No. 44074 of 2018 and 44225 of 2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Town P.S. Case No. 238 of 2018.

(S. Kumar, J) veena/- U T