Shyamal Kishore Srivastava And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3134 of 2018 Arising Out of PS.Case No. -777 Year- 2017 Thana -ARARIA District- ARRARIA ======================================================

1. Shyamal Kishore Srivastava, Son of Baleshwar Prasad,

2. Rajesh Kumar Srivastava, Son of Shyamal Kishore Srivastava, Both are resident of Village- Shashtrinagar, Ward No.-05, P.S.- T.O.P., Madhubani, Dist- Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sushil Kumar Jha For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-01-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners, in the present case, are seeking regular bail in connection with Araria P.S. Case No777 of 2017 being G.R. No. 3571 of 2017, registered for offences under Sections 356 and 379 of the Indian Penal Code. Learned counsel for the petitioners submits that as per F.I.R., when the petitioners stopped their motorcycle near Chandani Chawk and went in a shop, a sum of Rs. 40,000/- which they had withdrawn from SBI Branch, Araria and was kept in the dickey of the motorcycle, was taken away by some un-known miscreants. The informant identified the miscreants, who was

Patna High Court Cr.Misc. No.3134 of 2018 (2) dt.18-01-2018 2/2 fleeing away. After three days, the informant saw the miscreants near Kali Temple and informed the police. It is further submitted that the alleged occurrence is said to have taken place on 07.11.2017 whereas, the written statement of the informant is dated 10.11.2017 on the basis of which the present FIR was lodged. It is further submitted that these petitioners have been falsely implicated without there being any recovery of money belonging to the informant from the possession of these petitioners.

Learned APP opposed the prayer for bail.

Considering the facts and circumstances, let the petitioners, above named, be enlarged on bail on their furnishing bail bonds of Rs.15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No777 of 2017, G.R. No. 3571 of 2017 subject to the conditions U/S 437(3) Cr.P.C.

(Rajeev Ranjan Prasad, J) Arvind/sushma/- U T