Tarun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17886 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- PIRI BAZAR District- Lakhisarai ====================================================== 1.

Tarun Kumar Son of Bilayati Yaday R/o village- Lakhminiyan, P.S.- Baliya, District- Begusarai 2.

Rajnish Kumar Son of Hareram Yadav R/o village- Paharpur, P.S.- Baliya, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Section 392 of the I.P.C. and converted Sections 406, 409 and 420 of the Indian Penal Code.

Allegation is that on 8.1.2019 while the informant was returning from the company, two unknown persons overtook him and on gun point they robbed Rs.1,74,790/- from the dicky of the motorcycle.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 18.01.2019 and have got no criminal antecedent. Charge sheet has been submitted in the

Patna High Court CR. MISC. No.17886 of 2019(2) dt.16-04-2019 2/2 case. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are not named in the F.I.R. Their name have come in confessional statement of the informant during course of investigation. They have been made accused due to mistake of fact. The informant has been made accused in the present case. The entire occurrence is said to have taken place at the instance of the informant. On behalf of the State, it is submitted that the petitioners are not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Lakhisarai in connection with Piri Bazar P.S. case No.05 of 2019.

(Sudhir Singh, J) Narendra/- U T