Uttam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28579 of 2020 Arising Out of PS. Case No.-594 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== 1.

Uttam Kumar, aged about 22 years, Male, Son of Ramashish Yadav, Resident of Village- Kodihara, P.S.- Masaurhi, District- Patna. 2.

Manish Kumar @ Pandit Jee, aged about 24 years, Male, Son of Satendra Yadav, Resident of Village- Sohe, P.S.- Jehanabad, District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Senior Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-01-2021 Heard Mr. Ramakant Sharma, learned senior counsel for the petitioners and Mr. Pawan Kumar Chaurasia, learned counsel appearing for the State.

Petitioners seek regular bail in connection with Jehanabad (Karouna) P.S. Case No. 594 of 2019 registered for the offence under Section 395 of the I.P.C.

The allegation as per the First Information Report is that the informant was intercepted 05 persons riding on 02 motorcycles and the accused persons snatched the key of the vehicle of the informant along with a bag in which a sum of Rs. 1,12,150/- was kept.

Learned senior counsel for the petitioners submits that

Patna High Court CR. MISC. No.28579 of 2020(4) dt.11-01-2021 2/3 the petitioners are not named in the First Information Report and the First Information Report is against unknown. Learned counsel further submits that the name of the petitioners have transpired in the confessional statement made by the co-accused / Rahul Kumar, who has been granted bail by this court in Cr. Misc. No. 16614 of 2020. Learned counsel also submits that no incriminating / looted article has been recovered from the conscious possession of the petitioners and the petitioners have not been put on T.I. Parade.

On the other hand, learned counsel for the State submits that petitioners have got criminal antecedent, and as such, they do not deserve the privilege of bail. Having regard to the submissions made by the parties and taking into consideration the materials available on record, the fact that the co-accused person on whose confessional statement the petitioners have been dragged in this case have been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 16614 of 2020 and the petitioners are in custody since 06.01.2020 i.e. for almost a year, I am inclined to grant regular bail to the petitioners.

Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.28579 of 2020(4) dt.11-01-2021 3/3 (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad / court concerned in connection with Jehanabad (Karouna) P.S. Case No. 594 of 2019.

It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T