Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40061 of 2022 Arising Out of PS. Case No.-404 Year-2020 Thana- MAHUA District- Vaishali ====================================================== Arun Sahni @ Arun Sahani Son Of Baldev Sahni R/O Village- Fatehpur Pakri, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 47176 of 2022 Arising Out of PS. Case No.-404 Year-2020 Thana- MAHUA District- Vaishali ====================================================== Sunil Kumar Son of Rajendra Ray Resident of Village - Fatehpur Pakri, P.S.- Mahua, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 40061 of 2022) For the Petitioner/s :

Mr. Pranav Kumar, Adv. with Mr. Rajeev Ranjan No.II, Adv. and Mrs. Anjana Gupta, Adv.

For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP (In CRIMINAL MISCELLANEOUS No. 47176 of 2022) For the Petitioner/s :

Mr. Pranav Kumar, Adv. with Mr. Rajeev Ranjan No.II, Adv. and Mrs. Anjana Gupta, Adv.

For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioners and learned A.P.Ps. for the State.

The petitioners seek regular bail in connection with

Patna High Court CR. MISC. No.40061 of 2022(3) dt.23-11-2022 2/3 Mahua P.S. Case No. 404 of 2020 lodged under Section 395 of the I.P.C.

As per the prosecution case, the F.I.R. has been lodged against 5 unknown accused persons alleging therein that they have looted total 45 thermocol box on which the fish are loaded, namely, Rohu and Panash.

Learned counsel for the petitioners submit that their names have figured in this case by virtue of the confessional statement of the co-accused. Learned counsel for the petitioners submit that the antecedents of the petitioners are clean and they are in custody since 04.05.2022. Counsel submits that the accused from whose disclosure, his name has figured in this case and other co-accused also has been granted bail by the Coordinate Bench of this Court which is Annexure-2, 3 and 4. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Mahua P.S. Case No. 404 of 2020, subject to

Patna High Court CR. MISC. No.40061 of 2022(3) dt.23-11-2022 3/3 the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T