Radhe Shyam Dom v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20209 of 2025 Arising Out of PS. Case No.-13 Year-2025 Thana- DUMRAO District- Buxar ====================================================== 1.
Radhe Shyam Dom Son of Ram Pravesh Dom Resident of Village- Murar, P.S.- Murar, Distt.- Buxar 2.
Santosh Dom Son of Ashok Dom Resident of Village- Pipara, P.S.- Salempur Dhobaha, Distt.- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-04-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Dumraon P.S. Case No. 13 of 2025, instituted for the offences punishable under Sections 112(2) and 309(4) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that, three unknown miscreants on the point of knife looted earring from the informant and fled away.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered from the conscious possession of the petitioners. Learned
Patna High Court CR. MISC. No.20209 of 2025(2) dt.15-04-2025 2/3 counsel for the petitioners also submits that the petitioners are not named in the FIR. Name of the petitioners have transpired on the basis of secret information received by the police. It is further submitted that neither any recovery of looted articles have been made from the petitioners nor any T.I. parade has been conducted in this case. The petitioners are in custody since 18.01.2025 and have got four criminal antecedents in which they are on bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dumraon P.S. Case No. 13 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.20209 of 2025(2) dt.15-04-2025 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/- U T