Krishna Kumar @ Sonu Kumar @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20140 of 2019 Arising Out of PS. Case No.-391 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ====================================================== KRISHNA KUMAR @ SONU KUMAR @ SONU Son of Garju Yadav @ Garju Chaudhary, Resident of Village Sareya, P.S.- Hussainganj DistrictSiwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Advocate.

For the Opposite Party/s :

Mr. Ram Sevak Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-04-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Siwan Muffasil P.S. Case No. 391 of 2018, instituted for the offence under Section(s) 395, 397 of the Indian Penal Code and Section 27 of the Arms Act.

Counsel for the petitioner submits that petitioner is not named in the written report. There is no recovery from possession of the petitioner. No Test Identification Parade has been held. Petitioner has been remanded in the instant case from Siwan Muffasil P.S. Case No. 406 of 2018. It is alleged in the written report that two persons namely, Prakash Pandey and Sachin Singh came to the jewellery shop of the informant. Co-accused Sachin Pandey

Patna High Court CR. MISC. No.20140 of 2019(2) dt.02-04-2019 2/2 and Prakash Pandey pointed pistol on the head of the informant and his father. Thereafter, four other accused persons also entered into the shop. It is further alleged that all accused persons looted ornaments and took cash of Rs.15,000/- from Galla of the shop of informant. After committing loot, they tried to run away but on the road, co-accused Sachin Pandey and Prakash Pandey were caught hold.

As such, in the written report the informant has not taken the name of petitioner. He has taken specific name of two accused persons as mentioned in the written report. Petitioner is in custody since 20.09.2018.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Siwan Muffasil P.S. Case No. 391 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T