Prashant Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31864 of 2019 Arising Out of PS. Case No.-38 Year-2018 Thana- SAHARSA RAIL P.S District- Khagaria ====================================================== PRASHANT KUMAR SINGH Son of Tarkeshwar Singh Resident of Haripur, Ward No.- 15, P.S.- Sonbarsa Kachhari, District - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-06-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Saharsa Rail P.S. Case No. 38 of 2018, instituted for the offence under Section(s) 323, 324, 325, 341, 379, 307, 326 and 411/34 of the Indian Penal Code.

It is alleged in the written report that while informant was travelling by train from Jaipur to Saharsa, three persons came and snatched his Mobile Phone. They also assaulted the informant. It is further alleged that on alarm, co-accused Md. Tasvir Alam was apprehended who caused knife injury to the informant and snatched his Mobile Phone.

Counsel for the petitioner submits that petitioner is not named in the written report. The apprehended person Md. Tasvir Alam disclosed the name of petitioner. He further

Patna High Court CR. MISC. No.31864 of 2019(2) dt.28-06-2019 2/2 submits that co-accused Ranjan Kumar Rai was apprehended from whom theft Mobile was recovered. He disclosed that he purchased the said Mobile from petitioner. Petitioner has no concern either with Md. Tasvir Alam or Ranjan Kumar Rai. Petitioner has not been put on Test Identification Parade. Coaccused Md. Tasvir Alam and Ranjan Kumar have been granted bail by coordinate Benches of this Court vide orders dated 5.4.2019 and 11.4.2019 passed in Cr. Misc. 19372 of 2019 and 21283 of 2019 respectively.

Petitioner is in custody since 21.01.2019 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Railway, Khagaria, in connection with Saharsa Rail P.S. Case No. 38 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T