Sumant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73568 of 2024 Arising Out of PS. Case No.-147 Year-2024 Thana- GHOSI District- Jehanabad ====================================================== Sumant Kumar S/o- Dhanu Mishtri Village- Saho Bigha Ps- Ghosi DistJehanabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 73823 of 2024 Arising Out of PS. Case No.-147 Year-2024 Thana- GHOSI District- Jehanabad ====================================================== Ajay Kumar @ Ajeet Kumar S/O Lalan Ram R/O Village- Dariyapur, Chaitipiper, P.S- Ghoshi, Distt.- Jehanabad.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 73568 of 2024) For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP (In CRIMINAL MISCELLANEOUS No. 73823 of 2024) For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-12-2024 Heard learned counsel for the petitioners, learned APP for the State and perused the case diary.

2. The petitioners seek bail in connection with Ghosi P.S. Case No. 147 of 2024, instituted for the offences punishable under Section 392 of the Indian Penal Code.

Patna High Court CR. MISC. No.73568 of 2024(3) dt.18-12-2024 2/3

3. The prosecution case, in short, is that, informant was accosted by some unknown miscreants who have snatched his bag containing Rs. 11,000/- and key of his shop.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material have been recovered from the conscious possession of the petitioners.

5. Learned counsel for the petitioner in Cr. Misc. No. 73568 of 2024 also submits that the petitioner was not present at the alleged place of occurrence and he has never participated in the alleged occurrence. It is further submitted that no any alleged article has been recovered from the possession of the petitioner. The petitioner is in custody since 20.04.2024 and has got three criminal antecedents in which he is on bail in two cases.

6. Learned counsel for the petitioner in Cr. Misc. No. 73823 of 2024 also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of mobile phone which is recovered by Kako Police whose SIM Card was registered in the name of the petitioner. It is further submitted that no any alleged article has been recovered

Patna High Court CR. MISC. No.73568 of 2024(3) dt.18-12-2024 3/3 either from the possession or from the house petitioner. The petitioner is in custody since 30.06.2024 and has got two criminal antecedents in which he is on bail.

7. Learned counsel for the petitioners further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 20.11.2024 passed in Cr. Misc. No. 70909 of 2024.

8. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

9. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

10. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ghosi P.S. Case No. 147 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T