Mahesh Kumar @ Mahesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16740 of 2019 Arising Out of PS. Case No.-687 Year-2018 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Mahesh Kumar @ Mahesh Sahni Son of Ramji Sahni, Resident of VillageParti Tola Jirat, Angarhat, Police Station-Angarghat, District-Samastipur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 16781 of 2019 Arising Out of PS. Case No.-687 Year-2018 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Raushan Kumar Son of Shaket KUmar @ Saket Kumar Saket, Resident of Village Tegrara, Police Station Bithan, District- Samastipur. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 16740 of 2019) For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Ajay Kumar (In CRIMINAL MISCELLANEOUS No. 16781 of 2019) For the Petitioner/s :

Mr.Sanjay Kumar Verma For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-03-2019 Heard learned counsels for the petitioners and the State.

The petitioners are languishing in custody since 27.11.2018 in a case registered for the offences punishable under Sections 414/34 of the IPC and Sections 25(1-B)a, 26 and 35 of the Arms Act.

Patna High Court CR. MISC. No.16740 of 2019(2) dt.27-03-2019 2/3 The prosecution case is to the effect that during investigation of Samastipur Muffasil P.S. Case No. 645 of 2018, the house of co-accused Chhotu Kumar was raided and one robbed mobile phone was recovered. On the basis of confessional statement of apprehended co-accused, Chhotu Kumar, lodge of co-accused Ram Pravesh Mahto was raided and from room no.1 of the said lodge, co-accused Gulshan Kumar and the petitioner Raushan Kumar were apprehended and from their possession, four robbed A.T.M. cards and driving license of the informant were recovered. Thereafter, raid was laid in the house of co-accused Arvind Kumar and from there, one country made pistol and two cartridges were recovered, whereas when the raid was laid in the house of petitioner Mahesh Kumar, one robbed motorcycle was recovered.

It is submitted by learned counsel for the petitioners that from the materials on record, it appears that neither the petitioners nor the seized articles have been put on T.I. Parade. However, investigation has already been concluded. Statements has been made in paragraph no.3 of the petitions that the petitioner, Mahesh Kumar @ Mahesh Sahni is also made accused in three other cases, out of which in two cases, he is on bail, a supplementary affidavit to that effect has been filed,

Patna High Court CR. MISC. No.16740 of 2019(2) dt.27-03-2019 3/3 whereas the petitioner, Raushan Kumar is also made accused in three other cases, out of which in one case, he is on bail. Learned APP submits that robbed articles have been recovered from the petitioners.

Considering the fact that neither the petitioner has been put on T.I. Parade, nor has the recovered articles been put on T.I. Parade, the investigation has already been concluded and period under custody, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Samastipur Muffasil P.S. Case No. 687 of 2018. (Dinesh Kumar Singh, J) Amrendra/- U T