Vivek Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37058 of 2018 Arising Out of PS. Case No.-67 Year-2018 Thana- NAUBATPUR District- Patna ======================================================

1. Vivek Kumar Son of Prakash Sharma

2. Sujeet Kumar S/o Raj Kumar Sharma @ Raj Kumar Singh Both R/o Vill Motipur, P.S. Naubatpur, District - Patna.

3. Ravi Ranjan Sharma @ Chandan Kumar S/o Kaushal Sharma R/o Choti Taingraila, P.S. - Naubatpur, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Samrendra Kumar Jha For the Opposite Party/s :

Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-06-2018 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners seek bail in connection with Naubatpur P. S. Case No. 67 of 2018 registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-b)A, 26/35 of the Arms Act.

At the very outset, it is submitted on behalf of the petitioners that in this case similarly situated co-accused Gautam Kumar and Saurabh Kumar have been allowed bail vide orders dated 27.04.2018 and 23.05. 2018 passed in Cri. Misc. No. 24613 of 2018 and Cri. Misc. No. 30977 of 2018 receptively by another co-ordinate Bench of this Court and the petitioners having similar

Patna High Court Cr.Misc. No.37058 of 2018(2) dt.28-06-2018 2/2 allegation are suffering in custody since 20.02.2018. The learned A.P.P. fairly submits that co-accused Gautam Kumar and Saurabh Kumar have been allowed bail. In the facts and circumstances stated above, the petitioners are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Danapur in connection with Naubatpur P.S. Case No. 67 of 2018, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T