Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73002 of 2019 Arising Out of PS. Case No.-318 Year-2019 Thana- KANKARBAG District- Patna ====================================================== 1.

RAJU KUMAR Son of Ranjeet Sharma Resident of Village - Rahua Shahpur, P.S.-Tisiauta, Dist.- Vaishali.

2.

Anmol Kumar Son of Raghunath Kumar Resident of Village - Sautinaya Inda Shahpur, P.S.-Tisiauta, Dist.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-01-2020 Heard learned counsel for the parties.

Petitioners seek bail in a case registered for the offence punishable under Sections 457 and 380 of the Indian Penal Code.

Informant has alleged that he resided in a rented house and on 22.03.2019, he along with family members had gone to their village after locking their house and when they returned, they found the door opened and household articles lying scattered and found that jewellery worth Rs.25,000/-, cash of Rs.70,000/- and other articles were stolen.

FIR was instituted against unknown persons. It has been submitted that the name of the petitioners has surfaced in

Patna High Court CR. MISC. No.73002 of 2019(3) dt.13-01-2020 2/3 this case on the basis of confessional statement made by one coaccused, Amar Kumar and except said confessional statement, there is no any other incriminating material against the petitioners. Petitioners have been remanded in this case on 15.06.2019. Similarly, situated co-accused Amar Kumar has been granted bail by a co-ordinate Bench of this Court as contained in Annexure 2. Other similarly situated co-accused, Amit Kumar, has also been granted bail vide order dated 29.11.2019 passed in Cr. Misc. No.75456/19.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Kankarbagh P.S. Case No.318 of 2019 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 bond shall be cancelled by the court below.

(3) If the petitioners tamper with the

Patna High Court CR. MISC. No.73002 of 2019(3) dt.13-01-2020 3/3 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) Sanjay/- U T