Rishi Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41924 of 2015 Arising out of PS.Case No. -273 Year- 2015 Thana -GOPALGANJ CITY District- GOPALGANJ ======================================================

1. Rishi Kumar, son of Krishnandan Sahni, resident of village- Semarka, P.S. Rajepur, District East Champaran.

2. Amit Kumar, son of Ramekbal Pandit, resident of village- Khushiharpur, P.S. Kanti, District- Muzaffarpur.

.... .... Petitioners

Versus

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

For the Petitioners : Mrs. Kumari Sujata Sinha, Advocate. For the Opposite Party : Mr. Indra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-11-2015 Heard learned counsel for the petitioners and learned counsel for the State The petitioners are languishing in custody since 08.07.2015 in connection with Gopalganj Nagar P.S. Case No. 273 of 2015 for the offences instituted under Sections 467, 468, 414 and 420/34 of the IPC.

The prosecution story, in brief, is that the informant on getting information that some persons are surrounding near the ATM in suspicious condition then the informant alongwith other police men reached near the ATM and saw some persons are catching hold of a person and on interrogation, he disclosed his name as Rishi Kumar. It has been further alleged that a person

Patna High Court Cr.Misc. No.41924 of 2015 (3) dt.03-11-2015 2/2 who had run away also caught by the persons and disclosed his name as Amit Kumar. It has been further alleged that on search, from the pocket of Rishi Kumar, four ATM Cards have been recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. The petitioners are in custody since 08.07.2015 and the charge sheet has been submitted in the case. There is no allegation of tampering with the evidence against the petitioners. No wrongful loss has been caused to any one. It is further submitted that the petitioners may be released after completion of six months in custody from 08.07.2015. On behalf of the State it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners may be released on bail after completion of six months in custody from 08.07.2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gopalganj, in connection with Gopalganj Nagar P.S. Case No. 273 of 2015.

U.K./- (Sudhir Singh, J) U T