Banti Kumar @ Banti @ Ratnesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10892 of 2025 Arising Out of PS. Case No.-272 Year-2024 Thana- MURLIGANJ District- Madhepura ====================================================== 1.

Banti Kumar @ Banti @ Ratnesh Kumar, S/o Savendra Yadav, 2.

Md. Mannan, S/o Md. Jahir, Both are residents of village- Tema Bhela Kantahi, Ward No 05, PSGwalpara (Arrar OP), District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Praveen, Advocate Mr.Barun Kumar Singh, Advocate For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. In the present case, the petitioners seek bail in connection with Murliganj P.S. Case No. 272 of 2024, registered for the offence under Section 394 of the Indian Penal Code.

3. As per prosecution case, three miscreants riding a motorcycle dashed the motorcycle of the informant and two of them drew out pistols and hit on the head of the informant with butt of the pistol. They snatched a bag containing Rs.44,000/- from the informant. One of miscreants fired upon the informant but the shot missed him. The name of the petitioners transpired during investigation for being involved in the aforesaid

Patna High Court CR. MISC. No.10892 of 2025(2) dt.06-03-2025 2/3 occurrence.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. Nothing incriminating has been recovered from the person/possession of the petitioners, who were not put to any Test Identification Parade. Merely on the basis of confessional statement of co-accused Suraj Kumar, the petitioners have been made accused in this case. The petitioner no. 1 is having criminal antecedent of six cases and the petitioner no. 2 is having criminal antecedent of three cases. The petitioners are in custody since 27.11.2024 and charge sheet has been submitted.

5. Learned A.P.P. vehemently opposes the submission made on behalf of the petitioners. Learned A.P.P. submits that the petitioners appear to be habitual offenders and are accused in similar type of cases.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the submission of charge sheet and period of custody of the petitioners, the petitioners are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class,

Patna High Court CR. MISC. No.10892 of 2025(2) dt.06-03-2025 3/3 Madhepura/concerned court, in connection with Murliganj P.S. Case No. 272 of 2024, subject to the condition laid down under Section 437(3) of the code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T