Saurav Kumar @ Saurabh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9635 of 2024 Arising Out of PS. Case No.-418 Year-2023 Thana- MURLIGANJ District- Madhepura ====================================================== Saurav Kumar @ Saurabh Kumar S/o Rajnandan Yadav R/o Vill - Brindawan, Ward No - 07, P.S. - Murliganj, Dist. - Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Wasi Ahmad Khan, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-02-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Murliganj P.S. Case no. 418 of 2023 registered under section 393 of the Indian Penal Code and sections 25(1-B)a, 26 and 35 of the Arms Act.
3. As per the prosecution case, the informant states that six accused persons made an attempt to snatch the motorcycle of the informant. It is stated that two of the accused persons namely Kundan Kumar Yadav and Nitish Kumar Yadav were caught and on inquiry they disclosed the name of the four other accused persons who had managed to escape and which
Patna High Court CR. MISC. No.9635 of 2024(2) dt.22-02-2024 2/3 included the petitioner herein.
4. Learned counsel for the petitioner submits that the petitioner was not caught at the place of occurrence nor any incriminating article recovered from the petitioner's possession. Both the accused persons who were caught namely Kundan Kumar Yadav and Nitish Kumar Yadav @ Nitish Kumar have been enlarged on bail vide order dated 15.1.2024 passed in Cr. Misc. no. 86425 of 2023 and order dated 24.1.2024 passed in Cr. Misc. no. 85507 of 2023. The petitioner is in custody since 2.11.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R, no incriminating article having been recovered from the petitioner's possession, grant of bail to the two named accused persons who were caught at the place of occurrence together with the petitioner having remained in custody since 2.11.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Murliganj P.S. Case no. 418 of 2023, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
Patna High Court CR. MISC. No.9635 of 2024(2) dt.22-02-2024 3/3 of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura.
(Partha Sarthy, J) Harsh/- U T