Santraj Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77747 of 2018 Arising Out of PS. Case No.-545 Year-2018 Thana- SUPAUL District- Supaul ======================================================

1. Santraj Kumar Son of Late Rajeshwar Das Resident of Village Subedari Tola, Ward No 39, Saharsa, Police Station & District- Saharsa

2. Bhavesh Kumar Son of Kamal Das Resident of Jhapra Tola, Ward No 39, Saharsa, Police Station & District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-01-2019 Heard learned counsel for the parties.

Petitioners seek bail in Supaul P.S. Case No. 545 of 2018 registered for the offence punishable under Sections 401/414 of the Indian Penal Code.

Informant who is the Police Officer has alleged that while he was on patrolling duty, he received information that some miscreants have assembled in order to commit some crime and on receiving such information he reached said place and saw three motorcycles parked there and also some miscreants had assembled there who started to flee away after seeing the police, but some of them including petitioners were apprehended and on search of the petitioners two knives and one mobile were recovered and no ownership paper of motorcycle could be presented by the accused.

It has been submitted on behalf of the petitioners that

Patna High Court Cr.Misc. No.77747 of 2018(2) dt.03-01-2019 2/2 they are innocent and have falsely been implicated in this case and except their self confession and confession made by coaccused there is no incriminating material against petitioners. Petitioners have got no criminal antecedent and are in custody since 18.09.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned C.J.M. Supaul in connection with Supaul P.S. Case No. 545 of 2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the court below.

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) ranjan/manojU T