Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63249 of 2024 Arising Out of PS. Case No.-117 Year-2024 Thana- ROH District- Nawada ====================================================== Manish Kumar Son of Ramotar Yadav @ Ramotar Prasad @ Ramautar Yadav R/O Village - Kajichak, Maruyi, P.S.- Roh, District - Nawada ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 65331 of 2024 Arising Out of PS. Case No.-117 Year-2024 Thana- ROH District- Nawada ====================================================== Chandan Kumar S/O Ravindra Yadav R/O Village- Kajichak, P.S- Roh, Distt.- Nawada.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 63249 of 2024) For the Petitioner/s :
Mr.Raj Kishor Prasad For the Opposite Party/s :
Mr.Tarun Prasad Mandal (In CRIMINAL MISCELLANEOUS No. 65331 of 2024) For the Petitioner/s :
Mr.Anirudh Kumar Sinha For the Opposite Party/s :
Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-09-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Roh P.S. Case No. 117 of 2024 dated 17.04.2024 registered for the offences punishable u/s 394 of the Indian Penal Code whereas charge-sheet has been
Patna High Court CR. MISC. No.63249 of 2024(2) dt.25-09-2024 2/3 submitted u/ss 395 of 412 of the IPC.
3. As per the prosecution case, when the informant along with his brother-in-law was returning from the village, Kumharawan after attending Tilak ceremony, in the meantime, three unknown miscreants are alleged to have stopped the motorcycle of the informant near FCI godown and snatched the key of his motorcycle and started beating him. Thereafter, they snatched two mobile phones, Rs. 600/- in cash and Aadhar Card from the informant and his brother-in-law and they fled away with the motorcycle.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not named in the FIR. It is further submitted that one loaded country made Katta and cartridges were recovered from each of the petitioners and the other co-accused persons for which Roh P.S. Case No. 123 of 2024 was lodged against the petitioners and the other coaccused persons and from the above said case, the petitioners have been remanded in the present case. Nothing has been recovered from the conscious possession of the petitioners. The petitioner Manish Kumar has two criminal antecedents and the petitioner Chandan Kumar has three criminal antecedents as
Patna High Court CR. MISC. No.63249 of 2024(2) dt.25-09-2024 3/3 stated in para 3 of the bail petition. The petitioners are in custody since 31.05.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Roh P.S. Case No. 117 of 2024, with the following condition/s:- (i). The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T