Kamal Kishore Pathak And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29026 of 2018 Arising Out of PS. Case No.-222 Year-2017 Thana- DELHA District- Gaya ======================================================

1. Kamal Kishore Pathak,

2. Ritik Raushan Pathak @ Ratan Pathak Both are Sons of Late Naresh Pathak, R/o Vill. Chandosh, P.S. Paliganj, District Patna. At present Resident of Vill. Kamre, P.S. Ratu, District Ranchi (Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar For the Opposite Party/s :

Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 16-07-2018 Heard learned counsel for the petitioners, the learned APP for the State and the learned counsel appearing on behalf of the informant.

Petitioners, already in custody, seek bail in connection with Delha P.S. Case No.222 of 2017 registered under Section 365 of the Indian Penal Code.

Allegation in brief is that the informant's brother went to Ranchi by bus but became traceless.

Learned counsel for the petitioner submits that the petitioners are not named in the FIR, neither the mobile number which is mentioned in the FIR is of the petitioner nor there is any confessional statement of the petitioners rather petitioners' names

Patna High Court Cr.Misc. No.29026 of 2018(4) dt.16-07-2018 2/2 were disclosed by Sapna Kumari, another co-accused, in her confessional statement, except that there is no other material against the petitioners and Sapna Kumari was granted bail by a co-ordinate Bench of this Court vide order dated 18.04.2018 passed in Cr. Misc. No.21659 of 2018 and the petitioners have no criminal antecedents; whereas the learned counsel appearing on behalf of the petitioners opposes the prayer of bail of the petitioners and submits that Sapna Kumari in her confessional statement has also stated about the involvement of these two petitioners.

Having considered the aforesaid facts and circumstances and the fact that Sapna Kumari was admitted to bail by a co-ordinate Bench of this Court, petitioners, namely, Kamal Kishore Pathak and Ritik Raushan Pathak @ Ratan Pathak 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 learned ACJM-VII, Gaya in connection with Delha P.S. Case No.222 of 2017. (Arun Kumar, J) S.KUMAR/- U T