Sandip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60015 of 2021 Arising Out of PS. Case No.-278 Year-2021 Thana- NAUTAN District- West Champaran ====================================================== 1.

SANDIP KUMAR Son of Tuntun Sah Resident of Village- Shivrahi Mathiya, P.S.- Nautan, District- West Champaran. 2.

Vicky Kumar Son of Subhash Sah Resident of Village- Shivrahi Mathiya, P.S.- Nautan, District- West Champaran.

3.

Rohit Kumar Son of Ekbal Mahto Resident of Village- Bahoranpur, P.S.- Jagdishpur, 4.

Shashi Kumar Giri Son of Suresh Giri Resident of Village- Bahoranpur, P.S.- Jagdishpur, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

M/s Sanjeev Kumar Anant Kumar Mishra, Advocates For the Opposite Party/s :

Mr. Satyendra Narayan Singh, App ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-03-2022 Heard learned counsel for the parties.

At the outset, it is submitted by learned counsel for the petitioners that the instant application for regular bail is confined to the petitioner nos. 1, 3 and 4.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 394 and 414 of the Indian Penal Code.

As per the prosecution case, four accused persons are stated to have robbed the informant of his mobile phone as also other articles as stated in the FIR. Amongst the accused three of them including the petitioner nos. 1 and 3 were caught at the

Patna High Court CR. MISC. No.60015 of 2021(3) dt.03-03-2022 2/2 place of occurrence.

It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. The occurrence did not take place in the manner as alleged in the FIR. No incriminating article has been recovered from possession of the petitioners. The petitioners are in custody since 29.7.2021 and chargesheet has been submitted in the case. They have no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the materials on record, the petitioners not having any criminal antecedent together with the material that has transpired in course of investigation, the petitioner nos. 1, 3 and 4 are directed to be enlarged on bail in connection with Nautan (Jagdishpur) P.S. Case no. 278 of 2021 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran. (Partha Sarthy, J) Spd/- U T