Sudhir Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26728 of 2015 Arising Out of PS.Case No. -128 Year- 2015 Thana -MINAPUR District- MUZAFFARPUR ======================================================
1. Sudhir Rai S/o Nand Kishore Rai Resident of village - Gause Nagar, P.S. Runisaidpur, District - Sitamarhi .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.30006 of 2015 Arising Out of PS.Case No. -128 Year- 2015 Thana -MINAPUR District- MUZAFFARPUR ======================================================
1. Mukesh Kumar @ Mukesh Son of Raj Kishore Rai, Resident of Village - Gaus Nagar Dhaba, P.S. - Runisaidpur, District - Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.26728 of 2015) For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Jitendra Kumar Singh 1 (App) (In Cr.Misc. No.30006 of 2015) For the Petitioner/s : Mr. Raj Bansh Dubey For the Opposite Party/s : Mr. U.S.P Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-07-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Since both these bail applications arise out of one and the same P.S. case, they have been heard together and are being disposed of by this common order.
The petitioners seek regular bail in a case
Patna High Court Cr.Misc. No.26728 of 2015 (2) dt.27-07-2015 registered for the offences punishable under sections 395 and 397 of the Indian Penal Code.
The informant has alleged in the F.I.R. that on 18.04.2015 at about 4.0 P.M. he was returning on a motor cycle and when reached near village Maksudpur, seven unknown persons came on three motor cycles, surrounded him and forcibly snatched Rs.5000/-, a golden chain and a mobile of Nokia Company and also snatched his motor cycle.
On behalf of the petitioners it is submitted that the petitioners are in custody since 20.04.2015. Charge-sheet has been submitted in the case. The petitioners have no criminal antecedent. It has been submitted that the petitioners were not apprehended on the spot. The names of the petitioners have come in the present case in the F.I.R. on the confessional statement of co-accused Md. Akhtar who was apprehended on the spot. There is no recovery from possession of petitioner Sudhir Rai and as far as petitioner Mukesh Kumar is concerned, there is recovery of a mobile but the same is not the one which was looted by the accused persons in course of the occurrence.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the facts aforesaid, let the petitioners
Patna High Court Cr.Misc. No.26728 of 2015 (2) dt.27-07-2015 above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Meenapur P.S. Case no. 128 of 2015.
(Sudhir Singh, J) Amin/- U