Ramji Verma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20043 of 2016 Arising Out of PS.Case No. -11 Year- 2016 Thana -BHOJPUR GRP CASE District- BHOJPUR ======================================================

1. Ramji Verma S/o Motilal Verma, Resident of Village- Dumraon, in the house of Ram Chandra Sahu, P.S Dumraon, Distt Buxar.

2. Manjay thakur, S/o late Shivji Thakur, Resident of Village- Gulzarbagh House no. 10, P.S. Alamganj, District Patna.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Ajay Kumar-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-05-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered under Sections 379/411 of the Indian Penal Code.

Petitioners are languishing in jail custody since 1.3.2016 on the accusation that they took out a small bag containing Rs.1,000/- from the bag of the informant's aunt, but they were caught on the spot and subsequently, they were handed over to escort party.

Contention on behalf of the petitioners is that two production-cum-seizure lists have been prepared in this case and in both the production-cum-seizure lists, it is claimed that some

Patna High Court Cr.Misc. No.20043 of 2016 (2) dt.06-05-2016 2/2 amount were recovered from possession of both the petitioners, but according to prosecution case itself, only Rs.1,000/- had been kept in the stolen bag and there is no case of the prosecution that petitioners had distributed the stolen amount. It is further submitted that as a matter of fact, an altercation took place between the parties on the point of sitting on the berth of train and later on, the informant with the help of his associates, handed over the petitioners to police with concocted story. Considering the facts and circumstances as well as submissions of the parties, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of R.J.M., Bhojpur, Arrah in connection with Buxar Rail P.S. Case No.11 of 2016.

(Hemant Kumar Srivastava, J) N.H./- U T