Surya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84954 of 2023 Arising Out of PS. Case No.-157 Year-2023 Thana- NAYAGAON District- Saran ====================================================== 1.

Surya Kumar S/O Vijay Rai Resident Of Village- Saidpdur, P.S.- Sonpur, District- Saran At Chapra 2.

Ajit Kumar @ Ajeet Kumar Sah S/O Vishundev Sah R/O Village- Rahimpur, P.S.- Sonpur, District- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishore Singh For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody in a case registered for the offences punishable under Sections 413, 414, 401/34 of the Indian Penal Code. It is alleged that the petitioner along with other co-accused were apprehended while they were trying to break the lock of the shop for robbery. From the possession of the accused persons, different apparatus used for breaking the lock were seized.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have

Patna High Court CR. MISC. No.84954 of 2023(2) dt.16-01-2024 2/2 falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners and petitioners were apprehended only on the basis of suspicion. The petitioners are languishing in custody since 12.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chapra in connection with Nayagaon P.S. Case No. 157 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T