Rajat Singh @ Raja Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46238 of 2016 Arising Out of PS.Case No. -36 Year- 2016 Thana -DHANGAI District- BHOJPUR ======================================================

1. Rajat Singh @ Raja Singh Son of Harendra Singh

2. Rohit Singh @ Rohit Kumar Singh Son of Surendra Singh, Both are residents of village - Gorhatha, P.S. Brahampur, District - Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Neeraj Kumar alias Sanidh, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2016 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Section 395 of the I.P.C.

The prosecution case, as lodged by the informant, who is owner of a Hindustan Petrol Pump situated at N.H.30, Jagidhspur, is that on the alleged date and time of occurrence one Munna Kumar was sitting on cash counter, then five miscreants on two motorcycles came and on the point of pistol snatched Rs.35,000/- from the pocket of Munna Kumar and they also assaulted him by means of slaps.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 27.06.2016 and the charge sheet has been submitted in the present case. The petitioners have

Patna High Court Cr.Misc. No.46238 of 2016 (3) dt.08-12-2016 2/2 got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are not named in the F.I.R. They have not been put on Test Identification Parade. There is no recovery of any incriminating article from the possession of the petitioners. Except for the confessional statement of the co-accused there is no other substantive evidence to suggest their implication in the present case. The other coaccused has been granted bail vide Cr.Misc.No.41666 of 2016. On behalf of the State, it is submitted that the petitioners are not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri N.K. Srivastava, Judicial Magistrate, 1st class, Bhojpur at Ara in connection with Dhangai P.S. case No.36 of 2016. (Sudhir Singh, J) Narendra/- U T