Deepak Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34929 of 2016 Arising Out of PS.Case No. -69 Year- 2016 Thana -BOCHHA District- MUZAFFARPUR ======================================================

1. Deepak Kumar S/o Sri Rameshwar Rai

2. Sonu Kumar S/o Sri Rameshwar Rai Both are resident of village-Basuli Tole Ramchandra P.S.- Kurhani,District- Muzaffarpur,and the real resident of village-Daulatpur, Dewariya, P.S.- Sadar, Distt.- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 20-08-2016 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners, namely, Deepak Kumar and Sonu Kumar are in custody since 11.06.2016 in connection with Bochaha P.S. Case No.69 of 2016 under Section 395 I.P.C. Ilaichi on the truck was looted by dacoits. 67 bags of Ilaichi were recovered from the godown of Rajeev Kumar. From possession of Amit Kumar, another co-accused, 74 bags of Ilaichi were recovered and this co-accused has already been granted bail by the Sessions Judge. The petitioners are studying at Rajasthan Technical University, Kota and in summer vacation they had come

Patna High Court Cr.Misc. No.34929 of 2016 (2) dt.20-08-2016 to the parents and at that time raid was conducted and Ilaichi of 67 bags were recovered from godown of the tenant but the petitioners were arrested by the police.

From perusal of the order dated 18.07.2016 passed by Sessions Judge, Muzaffarpur in Anticipatory Bail Petition No.1244 of 2016, it appears that co-accused persons, namely, Santosh Kumar, Raja Ram Prasad @ Raja Ram, Sanjay Prasad @ Sanjay and the co-accused Amit Kumar from whose godown 74 bags of Ilaichi were recovered, have already been granted anticipatory bail.

From perusal of the present bail application, it appears that the documents showing that in fact the petitioners are studying in Rajasthan Technical University, Kota and are students. Therefore, considering the above facts and circumstances of the case, I direct that the petitioners above named be released on bail on furnishing bail bonds of Rs.10,000.00 (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- cum-Sub Judge-XI, Muzaffarpur in connection with Bochaha P.S. Case No.69 of 2016.

(Mungeshwar Sahoo, J) Harish/- U