Raju Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78600 of 2024 Arising Out of PS. Case No.-551 Year-2024 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Kunal Kumar Son of Vinod Paswan Resident of Village- Thekua, P.S.- Fatuhan, District- Patna (Bihar) ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 82402 of 2024 Arising Out of PS. Case No.-551 Year-2024 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Raju Sah Son of Late Chhote Lal Sah village- Tajpur, Agarwala Tola, PsTajpur, Dist- Samastipur ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 78600 of 2024) For the Petitioner/s :
Mr. Bablu Kumar For the Opposite Party/s :
Mr. Ram Naresh Ray (In CRIMINAL MISCELLANEOUS No. 82402 of 2024) For the Petitioner/s :
Mr. Murari Narain Chaudhary For the Opposite Party/s :
Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-01-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in connection with Ramkrishna Nagar P.S. Case No. 551 of 2024, for the offence punishable under sections 303(2), 317(2), 3(5) of Bhartiya Nyaya Sanhita.
Patna High Court CR. MISC. No.78600 of 2024(4) dt.27-01-2025 2/3
3. The case of the prosecution is that the police was busy in patrolling at that time he reached near Bairiya Bus Stand they found that two persons having bag packed were going towards bus stand, they started fleeing seeing the police. They were apprehended and identified as Raju Sah and Kunal Kumar and from the possession of the Raju Sah, certain clothes and two chains looking like gold and one another chain, two bangles which look like gold and 39 silver coins of one gram was recovered whereas from the possession of Kunal five silver coins of two grams one white bangle and a smart watch of Noise Company and one watch of HMT Quartz was recovered. The petitioners disclosed that they have stolen those articles from train.
4. Learned counsel for the petitioners submitted that the petitioners are innocent and has committed no offence. He further submits that articles which were recovered from the possession of the petitioners belongs to them and they use it for sale for livelihood, nothing has been stolen by them. Petitioners are having clean antecedent, charge-sheet has already been submitted. They are in custody since 17.07.2024.
5. Learned APP appearing for the state submitted that there is no one to complain as to from whom these articles were
Patna High Court CR. MISC. No.78600 of 2024(4) dt.27-01-2025 3/3 stolen.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioners are directed to be released on bail in connection with Ramkrishna Nagar P.S. Case No. 551 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XXIV, Patna (Bihar)/successor court. (Ashok Kumar Pandey, J) Ranjeet/- U T