Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47502 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- SAKRI District- Madhubani ====================================================== 1.

RAHUL KUMAR Son of Bara Babu Singh Resident of Village- Belbara, P.S.- Kamtaul, District- Darbhanga.

2.

Dhananjay Kumar Son of Lakshman Choupal Resident of Village- Belbara, P.S.- Kamtaul, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ugranath Mallik For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 414 and 34 of the Indian Penal Code. The prosecution case in short is that in course of checking by the informant, the looted motorcycle was recovered from the accused persons.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 17.5.2019 and have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case. The petitioners have falsely

Patna High Court CR. MISC. No.47502 of 2019(2) dt.31-07-2019 2/2 been implicated in the present case. There is no recovery of any incriminating articles from the possession of the petitioners. The name of the petitioners have transpired on the basis of confessional statement of co-accused.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Sakari P.S. Case No. 81/2019.

(Sudhir Singh, J) Pankaj/- U T