Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12546 of 2015 Arising Out of P. S. Case No. -57 Year- 2013 Thana -SAMASTIPUR Rail/ GRP (SPJ) District- SAMASTIPUR ====================================================== Ravi Kumar Singh son of Laxman Prasad Singh (Rajput), Resident of village- Birganj Chhapkaicha, Ward No. 1, P.s.- Birganj, District- Parasa (Nepal) .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.17191 of 2015 Arising Out of P. S. Case No. -57 Year- 2013 Thana -SAMASTIPUR Rail/ GRP (SPJ) District- SAMASTIPUR ====================================================== Sonu Kumar Son of Dhrub Prasad Resident of village - Pipra Dardha, P.S. Dardha, District - East Champaran at Motihari .... .... Petitioner

Versus

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

(In Cr.Misc. No.12546 of 2015) For the Petitioner/s : Mr. Abhay Shankar Singh, Adv. For the Opposite Party/s : Mr. Rajendra Singh Shastrijee, APP (In Cr.Misc. No.17191 of 2015) For the Petitioner/s : Mr. Dilip Kumar Roy, Adv. For the Opposite Party/s : Mr. Jitendra Kumar Roy-I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 03-08-2015 Both these applications arise out of Samastipur Rail P.S./G.R.P. (SPJ) Case No. 57 of 2013 for the offence punishable under Sections 328, 307/379 IPC, as such they have been heard together and are being disposed of by this common order.

Patna High Court Cr.Misc. No.12546 of 2015 (3) dt.03-08-2015 2/3 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The accused-petitioners seek bail in the aforesaid case. Allegation is that while the informant was in journey in Sabarmati Express Train, he was offered food and after sometime he became senseless and all his belongings were stolen away.

It is submitted that FIR was lodged against unknown and the name of the petitioners has appeared in their confessional statement while they were accused in other case. It is further submitted that petitioners Ravi Kumar Singh and Sonu Kumar are in custody since 23.11.2014 and 5.9.2014 respectively. Nothing has been recovered from their possession.

Learned counsel for the State submits that both the petitioners have criminal antecedent of similar nature and after investigation the case has been found true and the charge-sheet has already been submitted.

Considering the facts and circumstances, the above named petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of learned

Patna High Court Cr.Misc. No.12546 of 2015 (3) dt.03-08-2015 3/3 Judicial Magistrate (Railway), 1st Class, Samastipur /court concerned after framing of charge in Samastipur Rail P.S./G.R.P. (SPJ) Case No. 57 of 2013 with following conditions:-

1. The petitioners will not indulge themselves in similar or any other offence.

2. One of the bailors must be the close relative of the petitioners.

3. The petitioners will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, their bail bonds would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T