Binay Kumar And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49484 of 2014 Arising Out of PS.Case No. -151 Year- 2013 Thana -DARIYAPUR District- SARAN ======================================================
1. Binay Kumar, S/O Late Nageshwar Sah, Resident of Village - Chiriya Bazar, P.S-Sonpur District-Saran.
2. Mithilesh Thakur, S/O Sushwan Thakur, Resident of Village - Dighitolla, P.S-Sadar Hajipur, District-Vaishali. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Kumar Singh For the Opposite Party/s : Mr. Surendra Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------- 03-03-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners seek bail in connection with Dariyapur P.S. Case No.151 of 2013 registered under Section 395 of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioners submits that the petitioners are not named in the F.I.R. In course of investigation one Sonu Kumar alias Budhan Kumar was apprehended by the police and from his possession the looted truck is said to be recovered and he disclosed the name of both the petitioners and also Manoj Kumar and Shyam Kumar Rai. Except
Patna High Court Cr.Misc. No.49484 of 2014 (2) dt.03-03-2015 2/2 that, there is nothing against the petitioners to connect them in the commission of the alleged offence. It is also submitted that the petitioners are in custody since 13.10.2014 but they have not been put on T.I. Parade while the informant has claimed to identify the culprits on seeing them again. Moreover, the similarly situated coaccused Manoj Kumar has already been granted bail by a coordinate Bench of this Court vide order dated 30.06.2014 passed in Criminal Misc. No.21264 of 2014.
Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Chapra, in connection with Dariyapur P.S. Case No.151 of 2013. Out of the two sureties, one must be either parents or close relative of the petitioners. (Rajendra Kumar Mishra, J) P.S./- U T