Madan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27358 of 2025 Arising Out of PS. Case No.-284 Year-2024 Thana- BHAPTIAHI District- Supaul ====================================================== 1.

Madan Kumar S/O Ramdev Prasad Yadav R/O Village- Kyotapatti, Ward No. 07, Abhwar, P.S- Kishanpur, Distt.- Supaul. 2.

Ramanand Kumar S/O Yogendra Sharma R/O Village- Bhelwa Thariya, P.SKishanpur, Dist.- Supaul. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-08-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.

2. The petitioners seek bail in connection with Bhaptiyahi P.S. Case No. 284/2024, registered for the offence under Section 309(4) of BNS.

3. The both accused/petitioners are not named in the F.I.R. and are in custody since 15.12.2024.

4. The allegation against both above named petitioners is to commit robbery and while committing so looted cash of Rs. 79,200/- from the CSP (SBI) of Pipra Khurd, District- Supaul.

5. Learned counsel appearing on behalf of the petitioners submitted that name of the petitioners transpired during course of investigation on the basis of suspicion and upon

Patna High Court CR. MISC. No.27358 of 2025(4) dt.21-08-2025 2/3 information of police spy regarding involvement of these petitioners, where in furtherance of which no incriminating material recovered from the petitioners during investigation as to connect them prima facie with present occurrence of robbery. It is pointed out that cash of Rs. 2200/- and Rs. 3200/-, which was in their pockets were shown recovered from their possession. It is pointed out that recovered cash of Rs. 2200/- and 3200/- which are admittedly of petitioners cannot be connected with looted cash of CSP (SBI) in want of details and denominations. It is further pointed out that petitioners were not put on TIP as yet. While concluding the argument, it is submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence and, moreover, petitioners were implicated in two more criminal cases after lodging of present case merely on the basis of suspicion as of present case, where they are on bail.

6. Learned APP opposed the prayer of bail.

7. Considering the aforesaid factual submissions as save and except suspicion arising out of information of police spy, nothing incriminating material surfaced during investigation as to connect petitioners prima facie with present occurrence of robbery, accordingly, both above named petitioners, are directed to be

Patna High Court CR. MISC. No.27358 of 2025(4) dt.21-08-2025 3/3 released on bail in connection with Bhaptiyahi P.S. Case No. 284/2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) veena/- U T