Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56449 of 2021 Arising Out of PS. Case No.-505 Year-2020 Thana- JOGAPATTI District- West Champaran ====================================================== 1.

Sandeep Kumar Son of Raghunath Rai Resident of Village- Hariyan Chapra Rupdih, P.S.- Muffasil Motihari, Dist- East Champaran. 2.

Prakash Kumar @ Prakash Sah Son of Pannalal Sah Resident of VillageChampapur, P.S.- Ramgharwa, Dist- East Champaran. 3.

Devendra Yadav S/o Kashi Nath Yadav Resident of Village- Gaighat Mangnuha, P.S.- Harsidhi, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon, Advocate For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-02-2022 Heard learned counsel for the petitioners and Shri Anand Mohan Prasad Mehta, learned A.P.P. for the State. The petitioners seek bail in connection with Yogapatti (Sanichari) P.S. Case No. 505 of 2020 instituted for the offences under Sections 394 and 428 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are in custody since 16.03.2021, charge-sheet has been submitted in the case and petitioners have got two criminal antecedents each.

Learned counsel for the petitioners submits that the informant alleges that he was intercepted by four accused

Patna High Court CR. MISC. No.56449 of 2021(2) dt.23-02-2022 2/3 persons who looted his pick-up van loaded with eggs along with Rs. 40,000/- and mobile.

Learned counsel for the petitioners submits that the F.I.R. was instituted against unknown, further that the petitioners were arrested in Harsidhi P.S. Case No. 547 of 2020 in which they were made to confess their participation in the crime. Learned counsel thus submits that based on their own confessional statement, the petitioners have been made accused in the present case. It is further submitted that they have not been put on T.I.P. nor any incriminating article has been recovered from their possession. Learned counsel further submits that similarly situated co-accused (Raju Kushwaha) has been granted bail vide order dated 08.02.2022 passed in Cr. Misc. No. 51798 of 2021.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioners.

Considering the fact that the petitioners are in custody since 16.03.2021, charge-sheet has been submitted in the case, similarly situated co-accused has been granted bail and the name of the petitioners transpired based on their own confessional statement, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.56449 of 2021(2) dt.23-02-2022 3/3 Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran in connection with Yogapatti (Sanichari) P.S. Case No. 505 of 2020.

(Satyavrat Verma, J) Rishi/- U T