Chhotu Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34209 of 2018 Arising Out of PS.Case No. -76 Year- 2018 Thana -KANKARBAGH District- PATNA ======================================================

1. Chhotu Kumar, S/o Sri Kashi Rai, R/o Rikavganj, P.S. Malsalami, District- Patna.

2. Mithilesh Kumar @ Mithilesh Kumar, S/o Sri Chandeshwar Prasad @ Chandra Shekhar Prasad, R/o Rikabganj, P.S. Malsalami, District Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satyendra Prasad For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-07-2018 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Kankarbagh PS case no. 76 of 2018 instituted for the offences punishable under Section 394 of Indian Penal Code. The allegation in the present case is that while the informant was returning home along with his father after closing his shop of hardware, three miscreants on two motorcycles snatched the bag containing Rs. 2 lacs and other papers and cheque book of the bank on gun point.

The learned counsel for the petitioners submits that the petitioners are innocent, they are not named in the FIR and only on the basis of confessional statement of one co-accused,

Patna High Court Cr.Misc. No.34209 of 2018 (3) dt.23-07-2018 2/2 Ajay Kr. Rai, who was arrested in Gandhi Maidan PS case no. 36 of 2018, the names of the petitioners surfaced. It is further submitted that in the confessional statement, name of other accused persons also surfaced and one of them has been granted the privilege of bail by a coordinate Bench of this Court in Cr.Misc. no. 33269 of 2018. The petitioners are said to be languishing in custody since 24.03.2018. It is further submitted that another co-accused has also been granted bail by a coordinate Bench of this Court vide order dated 09.07.2018 passed in Cr.Misc. no. 38701 of 2018.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to direct for release of the petitioners on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Smt. Madhvi Singh, J.M. 1st class, Patna in connection with Kankarbagh PS case no. 76 of 2018. (Mohit Kumar Shah, J) rinkee/- U T