Rajbali Kumar @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51267 of 2014 Arising Out of PS.Case No. -24 Year- 2014 Thana -PATNA GRP CASE District- PATNA ====================================================== Tuntun Kumar son of Sri Krishna Rai resident of Moh- Subhao Tola, P.S. Bihta, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.6897 of 2015 Arising Out of PS.Case No. -24 Year- 2014 Thana -PATNA GRP CASE District- PATNA ======================================================

1. Rajbali Kumar @ Raja son of Balmiki Rai resident at Mohalla- Subhaw tola, P.s,. Bihta, District and town - Patna. .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.51267 of 2014) For the Petitioner/s : Mr. Usha Kumari Singh For the Opposite Party/s : Mr. Sanjay Kr.Tiwary(App) (In Cr.Misc. No.6897 of 2015) For the Petitioner/s : Mr. Jay Kumar For the Opposite Party/s : Mr. Upendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-03-2015 Heard the learned counsel for the petitioners as well as the learned A.P.P.

Both these criminal miscellaneous applications arise out of the same police station case and therefore both have been heard together and are being disposed of by passing this common order.

Patna High Court Cr.Misc. No.51267 of 2014 (2) dt.03-03-2015 2/3 The petitioners seek bail in a case for the offences punishable under section 392 of the I.P.C Allegedly in the running train at dagger point robbery was committed and mobile phones and cash of the informant and other co passengers have been looted away and further they damaged the railway properties at Sadisopur Railway Station. The petitioners have confessed their guilt also in their respective confessional statements before the police.

Submission on behalf of the petitioners is that they are innocent and have committed no offence. They are not named in the FIR. They have been made accused only on the basis of suspicion and after arrest confessional statements have got been recorded resulting they are suffering in custody since 08.09.2014. In this case charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence, to which the learned A.P.P. opposes.

In the facts and circumstances as stated above, the petitioners are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Patna in G.R.P.S. (Danapur) Case No. 24 of 2014, subject to the conditions that one of the bailors must be a near

Patna High Court Cr.Misc. No.51267 of 2014 (2) dt.03-03-2015 3/3 relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T