Banti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32050 of 2024 Arising Out of PS. Case No.-99 Year-2023 Thana- KHAGARIA RAIL P.S. District- Khagaria ====================================================== Banti Kumar S/O Bablu Paswan R/O Village-Chhoti Balia, Durga Asthan, Ward No. 13, P.S.- Balia, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arvind Kumar Pandey (App 84) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 25-04-2024 Heard learned counsel appearing on behalf of the parties.

2. The petitioner seeks bail registered for the offence under Sections 379, 414 and 414/34 of the Indian Penal Code.

3. As per the prosecution case, it is a case of stolen of gold chain of the informant from a train by the accused persons.

4.

Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. He next submits that there is no recovery from the possession of the petitioner. He next submits that petitioner is in custody since 29.09.2023. Similarly situated co-accused has been granted bail by this Court passed in Cr. Misc. No. 19124 of 2024.

Patna High Court CR. MISC. No.32050 of 2024(3) dt.25-04-2024 2/2 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the period of custody of the petitioner, let the petitioner, above named, be directed to be released on bail after framing of the charge in connection with Khagaria Rail P.S. Case No.99 of 2023, GR (R) No. 95 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Khagaria. 7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T