Ravi Shanker Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14336 of 2015 Arising out of PS.Case No. -392 Year- 2014 Thana -GARDANIBAGH District- PATNA ====================================================== Ravi Shanker Kumar, Son of Umesh Kumar @ Umesh Singh, resident of village - Badauan, P.S. Fatehpur, District - Gaya. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== with Criminal Miscellaneous No.17765 of 2015 Arising out of PS.Case No. -392 Year- 2014 Thana -GARDANIBAGH District- PATNA ====================================================== Md. Harroon Shamsi @ Md. Harun Shamsi, Son of Md. Ekbal Alam, resident of Village- Chamruchak , P.S. Fatehpur, District- Gaya. .... .... Petitioner

Versus

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

(In Cr.Misc. No.14336 of 2015) For the Petitioner : Mr. Ravindra Kumar, Advocate. For the Opposite Party : Mr. Aditya Nr. Singh No.1(App) (In Cr.Misc. No.17765 of 2015) For the Petitioner : Mr. Ravindra Kumar, Advocate. For the Opposite Party : Mr. Ashraf Ansari(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-05-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are in custody since 28.01.2015 in connection with Gardanibagh P.S. Case No. 392 of 2014, registered for the offences punishable under Sections 420 and 406

Patna High Court Cr.Misc. No.14336 of 2015 (3) dt.28-05-2015 2 / 2 of the I.P.C.

Learned counsel for the petitioners submits that it is out and out false implication as the petitioners probably arrested on the basis of suspicion and they were taken in the police station where they were identified by the informant. Learned counsel further submits that there is no cogent material in the case diary so as to connect the petitioners with the present occurrence. Learned counsel for the State has not been able to point out any paragraph of the case diary which goes to show that the petitioners were present at the A.T.M. when the alleged exchange of ATM cards were made.

Considering the aforementioned submissions, the nature of occurrence and paucity of evidence in the case diary, 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 J.M. Ist Class, Patna, in connection with Gardanibagh P.S. Case No. 392 of 2014. U.K./- (Anjana Mishra, J) U T