Saurav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70115 of 2024 Arising Out of PS. Case No.-275 Year-2023 Thana- MUZFFARPUR GRP CASE DistrictMuzaffarpur ====================================================== Saurav Kumar, S/O Sanjay Paswan @ Sanjary Kumar Pasavan Resident of Mohalla- Bibiganj Govindpuri, P.S- Sadar, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with S. Tr. No. 937 of 2023 arising out of Rail P.S. Case No. 275 of 2023 lodged on 14.08.2023 under Sections 304, 379, 356, 411, 34 of the Indian Penal Code and subsequently section 411 of the I.P.C. was also added.
3. As per the prosecution case, in course of travelling in a running train, an unknown thief wanted to snatch the mobile phone from the hand of the nephew (bhanja) of the informant and in that course, his nephew fell from the train and died after getting hit by the train.
Patna High Court CR. MISC. No.70115 of 2024(2) dt.05-12-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that the petitioner is not named in the F.I.R. rather his name has figured in this case on the basis of confessional statement of Md. Rais who has been granted bail by a coordinate Bench of this Court vide order dated 07.08.2024 passed in Criminal Miscellaneous No. 55526 of 2024. The petitioner is in custody since 18.08.2023 and the charge has already been framed in this case. The antecedent of the petitioner is clean.
5. Learned counsel for the State opposes the prayer for bail and submits that it is true that the petitioner is not named in the F.I.R. but it is also true that the said snatched mobile phone has been recovered from one of the co-accused Md. Afjal and he has disclosed the name of the petitioner.
6. In the present facts and circumstances of this case and considering that the charge has already been framed in this case and the case is running for trial, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-V, Muzaffarpur, in connection with S. Tr. No. 937 of 2023 arising out of Rail P.S. Case No. 275 of 2023,
Patna High Court CR. MISC. No.70115 of 2024(2) dt.05-12-2024 3/3 subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (Dr. Anshuman, J) Ashwini/- U T