Saurav Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34071 of 2017 Arising Out of PS.Case No. -390 Year- 2016 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. Saurav Kumar, son of Sudhir Singh, resident of Mohalla-Bara Jagarnath, P.S. Ahiyapur, District Muzaffarpur.

2. Ujjawal Kumar, son of Ramudar Singh, resident of village Bankat, P.S. Baruraj, District Muzaffarur.

3. Niraj Kumar, son of Devendra Sah, resident of village Rukmanjari, P.S. Goraul, District Vaishali, at present village Sahbajpur, P.S. Ahiyapur, District Muzaffarpur. .... .... Petitioners.

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-07-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners seek regular bail in connection with Kudhani (Turki) P.S. Case No.390 of 2016 registered for the alleged offences under Sections 395 and 397 of the Indian Penal Code.

As per the prosecution case, Scorpio of the informant is said to have been looted by 6-7 criminals on way to Patna. It has been submitted by learned counsel for the petitioners that the petitioners are not named in the F.I.R. Nothing incriminating article has been recovered from the conscious physical possession of the petitioners. There are no specific

Patna High Court Cr.Misc. No.34071 of 2017 (02) dt.20-07-2017 2/2 allegations against the petitioners rather the allegations are general and omnibus in nature. They were not put on T.I.P. There is nothing on record to indicate the complicity of the petitioners in the occurrence barring the confessional statement of co-accused Gaurav Kumar. They have been languishing in jail custody since 15.04.2017.

In the facts and circumstances of the case, the petitioners above named are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Muzaffarpur in connection with Kudhani (Turki) P.S. Case No.390 of 2016. (Prakash Chandra Jaiswal, J.) Trivedi/- U T