Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8276 of 2021 Arising Out of PS. Case No.-396 Year-2020 Thana- BIKRAMGANJ District- Rohtas ====================================================== 1.

SONU KUMAR S/o Dadan Yadav R/o village- Kolha, P.S.- Bikramganj, District- Rohtas 2.

SHIV KUMAR YADAV S/o Late Dwarika Yadav R/o village- Babhangawa Ward No. 11, P.S.- Barhara, Distt.- Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.Ravi Shankar Pathak, Advocate For the Opposite Party/s :

: Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-07-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State through video conferencing. The petitioners have filed the instant application for grant of regular bail in connection with Bikramganj P.S. Case No. 396 of 2020 registered under sections 392 and 411 of the Indian Penal Code.

As per allegation in the F.I.R., it is stated by the informant that soon after he had withdrawn a sum of Rs.1.3 lacs from the Canara Bank and had put the amount in a bag which was hanging on the motorcycle handle, the two accused persons, on a motorcycle, snatched the bag containing the amount and escaped. On being chased, the motorcycle borne accused

Patna High Court CR. MISC. No.8276 of 2021(3) dt.06-07-2021 2/3 persons entered their house followed by the informant 4 to 5 minutes later. Some amount to the tune of Rs.28,500/- and 19,200/- were recovered from the two accused. It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. If the allegations are to be believed and the informant followed the petitioners into their house after 4 to 5 minutes, on the face of it, the allegation is false for the reason that in case of such a delay, the accused persons would not have been in the vicinity. It is submitted that there is no explanation as to why the total amount of Rs.1.3 lacs was not recovered from the possession of the petitioners. The petitioners are in custody since 12.9.2020 and investigation in the case has concluded.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioners being in custody for more than 9 months, the Court is inclined to enlarge the petitioners on bail. The petitioners are directed to be enlarged on bail in connection with Bikramganj P.S. Case no. 396 of 2020 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with

Patna High Court CR. MISC. No.8276 of 2021(3) dt.06-07-2021 3/3 two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bikramganj, Rohtas. (Partha Sarthy, J) Prakash/- U T