Shrawan Kumar Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2895 of 2019 Arising Out of PS. Case No.-186 Year-2018 Thana- MAHISHI District- Saharsa ====================================================== Shrawan Kumar Soni, son of late Saryug Sah, resident of village - Laloo Nagar, P.S. and District - Begusarai, at present Mohalla- Purani Machhali Bazar, Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 23-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Mahishi P.S. Case No.186 of 2018 instituted for the offence under Section(s) 448, 380, 382, 323/34 Indian Penal Code.

Counsel for the petitioner submits that in the First Information Report only Mukesh Kumar has been named by the informant.

The informant has alleged in the First Information Report that Mukesh Kumar, who is worker in his shop, slept in his house in the night while the informant had gone outside on account of death of his relative. It is alleged that in the night Mukesh Kumar along with 3-4 unknown persons had tied the hands and legs of his wife with Saree and took the key of his chest and took away his golden chain, ear ring, two golden ring

Patna High Court Cr.Misc. No.2895 of 2019(2) dt.23-01-2019 2/2 etc. as mentioned in the written report. It is further alleged that wife of the petitioner anyhow freed herself and raised hullah, then neighbours came and apprehended the petitioner, who was said to be running away from the place of occurrence. On search of the petitioner, one key of the motorcycle was recovered. In this manner, from the written report, it is apparent that although petitioner was apprehended on spot, but nothing incriminating has been recovered from his possession. It is mentioned in para 3 that petitioner has clean antecedents.

Petitioner is in custody since 30.08.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Saharsa, in connection with Mahishi P.S. Case No.186 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T