Bharat Kumar And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.6589 of 2016 (2) dt.25-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6589 of 2016 Arising Out of PS.Case No. -832 Year- 2015 Thana -SAHARSA District- SAHARSA ======================================================

1. Bharat Kumar son of Subhak Sharma

2. Md. Raja so of Md. Sallo @ Sallauddin Both R/o village- Bhartiya Nagar (Batraha) Ward No. 26, P.S. & DistrictSaharsa............................................ .... Petitioners

Versus

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

For the Petitioner/s : Mr. Subesh Sharma For the Opposite Party/s : Mr. S.N.Shukla(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-02-2016 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners seek bail in connection with Saharsa Sadar (Saharsa Thana) P.S. Case No. 832 of 2015 registered for the offences punishable under Sections 394, 324, 307/34 of the Indian Penal Code.

Allegedly, 3-4 boys after showing knife started snatching the articles of the passengers and from one passenger snatched Rs. 500/- and mobile and further the miscreants caused injury to the passenger Chunnilal Yadav and also to the informant and snatched amount of Rs. 400/- and one mobile of the informant, however, two petitioners and one co-accused Krishan Kumar Mallick were caught and they stated the name of their associate as Suraj Sharma.

Patna High Court Cr.Misc. No.6589 of 2016 (2) dt.25-02-2016 Submission is of false implication, they have been made victim of circumstances, they have been apprehended empty handed, they have been assaulted by the informant and others and after maneuvering story got implicated the petitioners, resulting, the petitioners are suffering in custody since 08.10.2015. Learned APP fairly submits that the petitioners by remaining in custody have been sufficiently penalized at this stage.

In the facts and circumstances stated above. the petitioners above named are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, at Saharsa in connection with Saharsa Sadar (Saharsa Thana) P.S. Case No. 832 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T