Surendra Sao @ Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32035 of 2025 Arising Out of PS. Case No.-11 Year-2025 Thana- GAYA RAIL P.S. District- Gaya ====================================================== Surendra Sao @ Mukhiya S/o- Hari Nandan Sao Mohalla- Bam Baba Bageshwari Gumati, Ward No-6, P.S.- Delha District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 14-08-2025 Heard Mr. Vinod Kumar, learned counsel for the Petitioner and Mr. Binod Kumar, learned APP for the State.

2. Petitioner seeks regular bail in connection with Gaya Rail P.S. Case No. 11 of 2025, dated 11.01.2025 registered for the offence punishable under Section 304 of the Bharatiya Nyaya Sanhita.

3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the snatching of informant's wife's purse containing gold ornaments, ATM Card, pen drive, charger and two mobile phones from the window of the train through which the informant along with his family was travelling and at the time of alleged occurrence, the train stopped near Bageshwar Gumti and for the said offence, the maximum punishment is of three years, the petitioner has been made accused mainly on account of recovery of a mobile phone, which has no

Patna High Court CR. MISC. No.32035 of 2025(3) dt.14-08-2025 2/2 connection to the mobile phones of the informant, detailed in the FIR and no other articles, which are said to be in the purse of informant's wife, has been recovered from the possession of this petitioner. It is further submitted that the petitioner has been languishing in jail since 11.02.2025 and his trial has started after framing the charges upon him but he was not put on test identification parade before the informant till date and one coaccused Govind Kumar has been granted bail by the trial court itself, though, against this petitioner, there is criminal antecedents of two cases, however, he is on bail in both the said cases.

4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.

5. Considering the aforesaid submissions and mainly petitioner's custody period as well as the completion of investigation against him, this Court is inclined to release him on bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Gaya Rail P.S. Case No. 11 of 2025.

(Shailendra Singh, J) maynaz/- U T