Shubham Kumar Choudhary @ Shubham Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42854 of 2017 Arising Out of PS.Case No. -37 Year- 2017 Thana -SAMSTIPUR RAIL P.S DistrictSAMASTIPUR ======================================================

1. Shubham Kumar Choudhary @ Shubham Kumar son of Late Braj Bhushan Choudhary @ Guddu Choudhary resident of village - Chandchordih, Tola - Shankar Chowk, Ward No. 7, P.S. - Ajiyarpur, District - Samastipur.

2. Abhishek Kumar son of Manoj Choudhary @ Manoj Kumar Choudhary resident of Village - Kewta, Ward No. 11, P.S. - Dalsingsarai, District - Samastipur.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Sourendra Pandey, Advocate. For the Opposite Party : Mr. Amrendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 12.06.2017 in a case for the offence registered under Sections 414 and 401/34 of the IPC.

The prosecution story, in brief, is that the petitioners and others used to snatch the Mobile Phones from the passengers of the train.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent.

Patna High Court Cr.Misc. No.42854 of 2017 (2) dt.20-09-2017 2/2 Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have been made accused in the present case due to mistake of fact. No incriminating article is said to have been recovered from possession of the petitioners. Recovered Mobile Phone is also claimed to be of the petitioners. The case is triable by the Magistrate.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, 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 the learned A.C.J.M. (Rail) Samastipur, in connection with G.R.P. (SPJ) P.S. Case No. 37/17 (G.R. No. 82/2017).

U.K./- (Sudhir Singh, J) U T