Shambhu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19614 of 2019 Arising Out of PS. Case No.-614 Year-2018 Thana- KADAMKUAN District- Patna ======================================================

1. SHAMBHU SAH, son of late Mukesh Sah, resident of Sameli (Khemnichak), P.S. Kursaila, Distt. Katihar.

2. Sonu Kumar Sah, son of Ram Swarup Sah, resident of village Sameli Barinagar Barari, P.S. Kursaila, Distt. Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar Sinha, Advocate.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-04-2019 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in Kadam Kuan P.S. Case No. 614 of 2018, instituted for the offence under Section(s) 420 and 379/34 of the Indian Penal Code.

It is alleged in the written report that two unknown persons claimed to be representative of Metal Cleaner Company, came to the house of the informant. They in course of metal cleaning took away "Kangan" of mother of the informant aged about 85 years.

Counsel for the petitioners submits that petitioners are not named in the written report. He further submits that petitioners have been arrested by the Police in Kankarbagh P.S.

Patna High Court CR. MISC. No.19614 of 2019(2) dt.01-04-2019 2/2 Case No. 1008 of 2018 and have been remanded in the instant case merely on suspicion. There is no recovery of any incriminating article from possession of the petitioners. No Test Identification Parade has been held.

Petitioners are in custody since 17.12.2018.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Patna, in connection with Kadam Kuan P.S. Case No. 614 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioners.

(Sanjay Priya, J) S.Ali/- U T