Kishan Kumar @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33035 of 2023 Arising Out of PS. Case No.-71 Year-2023 Thana- MOKAMAH District- Patna ====================================================== RAUSHAN KUMAR @ MUNNI RAI Son of Dinesh Singh Resident of Village - Simaria, P.S.- Barauni, District - Begusarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 33076 of 2023 Arising Out of PS. Case No.-71 Year-2023 Thana- MOKAMAH District- Patna ====================================================== KISHAN KUMAR @ SURAJ KUMAR Son of Late Shiv Balak Singh Resident of Village- Bihat Tola, Safegatpur, Ward No. 16, Police StationBarauni, District- Begusarai ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 33035 of 2023) For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Singh (In CRIMINAL MISCELLANEOUS No. 33076 of 2023) For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

As per allegation in the FIR, four miscreants in a maruti car, came to the informant and on pistol point, he snatched key of his pick-up van and fled away with the said

Patna High Court CR. MISC. No.33035 of 2023(2) dt.24-06-2023 2/2 pick-up van.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. Neither the petitioners are named in the FIR nor put on TIP. There is no eye witness of the alleged occurrence. The alleged pick-up van recovered from Ramdhari Singh Dinakr Library Simariya and not from the petitioners. Both the petitioners are languishing in judicial custody since 25.2.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned ACJM III, Barh, Patna or the concerned court in connection with Mokama P.S. Case No. 71 of 2023.

(Sunil Kumar Panwar, J) lata/- U T