Patna High CourtCR. MISC./9977/2018bail granted

Karan Kumar And ANR v. The State Of Bihar

2018-04-02Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9977 of 2018 Arising Out of PS.Case No. -269 Year- 2017 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Karan Kumar, S/o Bala Yadav,

2. Vijay Yadav S/o Mohanlal Yadav, Both R/o Village- Nayatola, Jurabganj, P.S.- Kodha, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S.N.P.Sinha, Sr.Adv. : Miss. Rashmi Bharti, Adv.

: Mr.J.N. Sinha, Adv..

For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 379,411/34 of the Indian Penal Code and Sections 20,22,23,24,25,27 of the N.D.P.S.Act.

On 09.10.2017, some unknown persons on a motorcycle snatched Rs. 49,000/- of the informant. On 12.10.2017, the snatchers were identified as the petitioners and they were apprehended. However, nothing incriminating was recovered but a motorcycle parked near the place of arrest of the petitioners was suspected to be of the petitioners and from that 1⁄2 Kg of Charas was recovered.

Patna High Court Cr.Misc. No.9977 of 2018 (3) dt.02-04-2018 Submission is that the motorcycle was not of the petitioners nor the same was recovered from conscious physical possession of the petitioners. Petitioners have got no criminal antecedent. Only material is suspicion. Petitioners are in custody since 12.10.2017. Investigation of the case is already complete.

Considering the aforesaid facts, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Chakia Police Station Case No.269 of 2017(N.D.P.S. Case No.77 of 2017), subject to the condition that the petitioners shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Nitesh/- U T