Ram Gulam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47059 of 2022 Arising Out of PS. Case No.-312 Year-2021 Thana- KHUSRUPUR District- Patna ====================================================== 1.

RAM GULAM KUMAR Son of Rajnandan Singh R/v- Malpur, P.SKhusrupur, Dist- Patna 2.

Niranjan Kumar @ Jalim Son of Mahesh Prasad R/v- Malpur, P.SKhusrupur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivam For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-02-2023 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Khusrupur P.S. Case No. 312 of 2021, registered for the offence punishable under Section 392 of the Indian Penal Code in which chargesheet has been submitted under Section 395 of the Indian Penal Code.

The allegation is regarding unknown miscreants having snatched a sum of Rs. 2,43,500/- from the father of the informant, which was kept in a bag.

Patna High Court CR. MISC. No.47059 of 2022(3) dt.02-02-2023 2/3 The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case and they are languishing in custody since 22.12.2021. The learned counsel for the petitioners has further submitted that only after the petitioners were made an accused in connection with Khusrupur P.S.Case No. 317 of 2021, they have been remanded in four other criminal cases including the present case and out of the same, the petitioners are on bail in all the said four criminal cases. The learned counsel for the petitioners has also submitted that neither any Test Identification Parade has been held so as to connect the petitioners with the alleged crime nor any recovery of the looted cash amount has been made from the petitioners, hence, the petitioners are not having any complicity in the matter.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and

Patna High Court CR. MISC. No.47059 of 2022(3) dt.02-02-2023 3/3 circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials available on record as also considering the fact that no Test Identification Parade has been held so as to connect the petitioners with the alleged crime and moreover, no looted cash amount has been recovered from the petitioners, I deem it fit and proper to direct for release of the petitioners on regular bail.

Accordingly, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna City, District-Patna in connection with Khusharupur P.S. Case No. 312 of 2021.

(Mohit Kumar Shah, J) Ajay/- U T