Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13838 of 2024 Arising Out of PS. Case No.-99 Year-2023 Thana- KHAGARIA RAIL P.S. District- Khagaria ====================================================== 1.

Niraj Kumar Son of Janardan Paswan Village- Chhoti Balia Bazar, Ward No. 13, P.S.- Balia, District- Begusarai 2.

Raj Kumar Paswan Son of Yogendra Paswan @ Joginder Paswan Resident of Village- Lurjamapur, Ward No. 8, P.S.- Balia, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 25-04-2024 Let the defect(s) as pointed out by the Stamp Reporter be ignored.

Heard learned counsel appearing on behalf of the parties.

3. The petitioners seek bail registered for the offence under Sections 379, 414 and 414/34 of the Indian Penal Code.

4. As per the prosecution case, it is a case of stolen the gold chain of the informant from a train by the accused persons.

5.

Learned counsel for the petitioners have submitted that petitioners have falsely been implicated in this case. He next submits that there is no recovery from the possession of the petitioners and the name of the petitioners

Patna High Court CR. MISC. No.13838 of 2024(3) dt.25-04-2024 2/3 disclosed by the confessional statement of co-accused Santosh Kumar. He next submits that petitioners are in custody since 29.09.2023 respectively and similarly situated co-accused have been granted bail by this Court passed in Cr. Misc. Nos.17831 of 2024 and 19124 of 2024.

6.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 7.

Considering the period of custody of the petitioners, let the petitioners, above named, be directed to be released on bail after framing of the charge in connection with Khagaria Rail P.S. Case No.99 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Khagaria.

8.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioners shall be released on bail on furnishing bail bond with further condition that the petitioners have to present physically on each and every date before the Trial Court till conclusion of the

Patna High Court CR. MISC. No.13838 of 2024(3) dt.25-04-2024 3/3 proceeding of framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T