Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17831 of 2024 Arising Out of PS. Case No.-99 Year-2023 Thana- KHAGARIA RAIL P.S. District- Khagaria ====================================================== Sudhir Kumar, Male, aged about 19 years, S/O Ram Pratap Sah @ Ram Patap Sah R/O Village- Chhoti Ballia, Molana Chak (Molana Chowk), P.SBallia, Distt.- Begusarai. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 19124 of 2024 Arising Out of PS. Case No.-99 Year-2023 Thana- KHAGARIA RAIL P.S. District- Khagaria ====================================================== Santosh Kumar, aged about 26 years (Male) Son of Vidya Paswan resident of village-Chhoti Balia, PS.-Balia, District- Begusarai. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 17831 of 2024) For the Petitioner/s :

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

Mr. Ram Sevak Choudhary, APP (In CRIMINAL MISCELLANEOUS No. 19124 of 2024) For the Petitioner/s :

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

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-03-2024 Heard learned counsel appearing on behalf of the parties.

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

3. As per the prosecution case, it is a case of stolen

Patna High Court CR. MISC. No.17831 of 2024(2) dt.21-03-2024 2/3 of her gold chain of the informant from a train by the accused persons.

4.

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. He next submits that petitioners are in custody since 28.09.2023/29.09.2023 respectively. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

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, GR (R) No. 95 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. 7.

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

Patna High Court CR. MISC. No.17831 of 2024(2) dt.21-03-2024 3/3 condition that the petitioners have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

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