Somesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38701 of 2018 Arising Out of PS. Case No.-76 Year-2018 Thana- KANKARBAGH District- Patna ====================================================== Somesh Kumar S/o Kapil Sah, R/o Vill.- Mohanpur, P.S.- Raghopur, DistrictVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Atul Chandra, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks bail in connection with Kankarbagh P.S. Case No. 76 of 2018 registered for the offence punishable under Section 394 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he was returning home along with his father after closing his shop of hardware, three miscreants on two motorcycles on gun point snatched the bag containing Rs. Two lakhs and other papers and cheque book of the bank. It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report and it is only on the basis of confessional statement of one co-accused, Ajay Kumar Rai, who was arrested in Gandhi

Patna High Court Cr.Misc. No.38701 of 2018(2) dt.09-07-2018 2/2 Maidan P.S. Case No. 36 of 2018 that the name of the petitioner surfaced. He submits that in the confessional statement, name of other accused came to surface and one of them has been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 33269 of 2018 vide order dated 05.07.2018. The petitioner is languishing in judicial custody since 24.03.2018. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of Smt. Madhvi Singh, learned Judicial Magistrate 1st Class, Patna in connection with Kankarbagh P.S. Case No. 76 of 2018, subject to the conditions that one of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J.) Arjun/- U T