Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16555 of 2024 Arising Out of PS. Case No.-45 Year-2023 Thana- SUGAULI RAIL P.S. District- West Champaran ====================================================== 1.

Krishna Kumar S/O Bhagwan Sah @ Shree Bhagwan Shah Resident Of Bakhari, Ps.- Patahi, Dist.- East Champaran.

2.

Babulal Kumar S/O Late Harendra Ram R/O Village- Bhitiharwa, Ps.- Patahi, Dist.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Rail Thana Sugauli P.S. case No. 45 of 2023 instituted for the offences under Section 379 of the Indian Penal Code.

3. Prosecution case, in short, is that the motorcycle of the informant was stolen by some unknown person.

4. Learned counsel for the petitioners submitted that

Patna High Court CR. MISC. No.16555 of 2024(2) dt.13-03-2024 2/3 the petitioners have falsely been implicated in the present case. Petitioners are not named in the F.I.R. The name of the petitioners transpired in this case during investigation on the basis of suspicion. Learned counsel further submitted that petitioners have got no concern the stolen motorcycle. Chargesheet has been submitted in this case. It has been submitted on behalf of the petitioners that the petitioners are in custody since 01.12.2023. Petitioner no.1 has one criminal antecedent whereas petitioner no.2 has two criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners 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 Court below/concerned Court in connection with Rail Thana Sugauli P.S. case No. 45 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.16555 of 2024(2) dt.13-03-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T