Basant Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11648 of 2020 Arising Out of PS. Case No.-68 Year-2019 Thana- SUGAULI RAIL P.S. District- West Champaran ====================================================== 1.

Basant Kumar Sah S/O Harindar Sah @ Harendra Sah Resident of Village - Jagdishpur, Briti Tola, P.S. - Jagdishpur, District - West Champaran. 2.

Shalu Kumar @ Shallu Kumar S/O Ramnath Sah Resident of Village - Ramnagar Sheikh Dekhwa, P.S. - Ramnagar, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Section 401/414 of the Indian Penal Code.

Allegedly, the petitioners were found in possession of a knife each while petitioner No. 2 was found in possession of a key ring too containing a motorcycle key.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 20-11-2019. Key of the stolen motorcycle is alleged to have been recovered from Shalu Kumar. The petitioners have been made accused

Patna High Court CR. MISC. No.11648 of 2020(2) dt.28-02-2020 2/2 merely on the basis of suspicion as they were accompanying the other co-accused, from whom, the key in question was recovered. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Rail Sugauli P.S. Case No. 68 of 2019.

(Sudhir Singh, J) A.K.V.//- U T