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Patna High CourtCR. MISC./32204/2025bail granted

Pradeep Kumar v. The State Of Bihar

2025-05-19Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32204 of 2025 Arising Out of PS. Case No.-322 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== 1.

Pradeep Kumar S/o Laddu Lal Sahani R/o vill - Manjhaul Bichkhana, ward no. 14, P.S.- Cheriabariyarpur, Distt.- Begusarai 2.

Rajesh Kumar @ Rajesh Sahni S/o Laddu Lal Sahni R/o vill - Manjhaul Bichkhana, ward no. 14, P.S.- Cheriabariyarpur, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Randhir Kumar No.1, Adv.

For the State :

Mr. Ram Priya Sharan Singh, APP.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in a case registered for the offences punishable under Sections 457, 380, 411/34 of the Indian Penal Code.

3. The allegation in the FIR is that in the night of 06.08.2023, some unknown thieves have entered the house of the informant and stolen cash of Rs. 40,000/- and some gold ornaments by breaking the lock of the box.

4. Learned counsel for the petitioners submits the FIR has been lodged against unknown and the names of the petitioners have transpired in this case during the course of investigation on

Patna High Court CR. MISC. No.32204 of 2025(2) dt.19-05-2025 2/3 the basis of the confessional statement of co-accused Vikas Kumar. It is further submitted that as a matter of fact, the petitioners were arrested in one case being Dalsinghsarai P.S. Case No. 329 of 2023 and thereafter, they were remanded in the present case along with other 17 cases without any material. It is also brought to the notice of the Court that all the other cases are FIRs against unknown and the petitioners have subsequently been remanded in all other cases. It is next submitted that although the petitioners have been languishing in custody since 13.10.2023, no Test Identification Parade has been held in the case. It is also submitted that no recovery has been made from the possession of the petitioners.

Learned counsel for the petitioners has also pointed out that even after taking into consideration the criminal antecedents of 18 cases, the petitioners have also been granted the privilege of bail in four cases, one of them being vide order dated 03.10.2024 passed in Cr. Misc. No. 69572 of 2024 arising out of Dalsinghsarai P.S. Case No. 327 of 2023.

5. Learned APP for the State opposes the prayer for bail. 6.

Considering the above-mentioned facts and circumstances and particularly the period of custody, the above named petitioners are directed to be enlarged on bail on

Patna High Court CR. MISC. No.32204 of 2025(2) dt.19-05-2025 3/3 furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Dalsinghsarai P.S. Case No. 322 of 2023.

7. However, the petitioners are directed to cooperate in the trial and also to remain physically present in the court on each and every date during trial till the charges are framed. (Soni Shrivastava, J) divyanshi/- U T