Ravikant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7285 of 2024 Arising Out of PS. Case No.-428 Year-2023 Thana- HARNAUT District- Nalanda ====================================================== Indrajit Kumar @ Jitu Kumar Son Of Bhavishan Raut Resident Of VillageJodhan Bigha, P.S.-Belchhi, District-Patna. At Present Resident Of Niyamat Nagar, P.S.-Harnaut, District-Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 7578 of 2024 Arising Out of PS. Case No.-428 Year-2023 Thana- HARNAUT District- Nalanda ====================================================== Ravikant Kumar S/O Dilip Prasad R/O Village- Dihari Garh, P.S- Harnaut, Distt.- Nalanda.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 7285 of 2024) For the Petitioner/s :
Mr.Pramod Kumar Sinha For the Opposite Party/s :
Mr.Dr. Indiwar Kumari (In CRIMINAL MISCELLANEOUS No. 7578 of 2024) For the Petitioner/s :
Mr.Rajiv Nayan For the Opposite Party/s :
Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2024 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners have prayed for grant of bail in connection with Harnaut P.S. Case No. 428 of 2023 registered under sections 457 and 380 of the Indian Penal Code. Prosecution case in short, is that, informant along with
Patna High Court CR. MISC. No.7285 of 2024(2) dt.17-02-2024 2/3 his friends slept in the room and when next day, he woke up then he saw that eight mobile phones of his friends along with phone, one grader machine, one breaker machine and cash of Rs. 1500/- were stolen by unknown miscreants. Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case. Both the petitioners are not named in FIR rather name of petitioner No.1 came into light in this case on the basis of confessional statement of coaccused Sanni Kumar before the police which has got no evidentiary value in the eye of law and name of petitioner No.2 has come on the basis of his self confessional statement in another case i.e., Harnaut P.S. Case No 457 of 2023. Nothing looted articles have been recovered from the conscious possession of the petitioners and also they have not been put on TI parade as yet. Moreover, they are languishing in judicial custody since 07.11.2023.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge
Patna High Court CR. MISC. No.7285 of 2024(2) dt.17-02-2024 3/3 the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Harnaut P.S. Case No. 428 of 2023 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif.
(Sunil Kumar Panwar, J) Shubham/- U T