Kali Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85096 of 2024 Arising Out of PS. Case No.-476 Year-2023 Thana- BIRAUL District- Darbhanga ====================================================== 1.

Kali Das Son of Late Bhola Das Resident of Village- Purbogadha, P.S Korai, District - Jajpur, Orissa.

2.

Maikal Nagraj Son of Maikal Sakti Resident of Village- Purbogadha, P.S Korai, District - Jajpur, Orissa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha, Advocate For the Opposite Party/s :

Mr.Anish Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. In the present case, the petitioners seek bail in connection with Biraul P.S. Case No. 476 of 2023, registered for the offences under Section 392 of the Indian Penal Code.

3. As per the prosecution case, two unknown persons on a motorcycle snatched the bag of informant containing ornaments worth Rs.12,40,000/-. The name of the petitioners transpired during investigation for being involved in the occurrence.

4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and have

Patna High Court CR. MISC. No.85096 of 2024(2) dt.11-12-2024 2/3 been falsely implicated in this case. The petitioners were apprehended by the police in K.Hat (Madhubani T.O.P.) P.S. Case No. 1101 of 2023 and were remanded in this case on 06.12.2023. The petitioners are street vendors and nothing incriminating has been recovered from their person or possession. Except for their confessional statement there is no material against the petitioners. In these facts and circumstances, no offences are made out against the petitioners. The petitioners are in custody since 06.12.2023 and charge sheet has been submitted against the petitioners.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioners. Learned A.P.P. submits that the petitioners appear to be professionals who are involved in snatching the cash and ornaments of common man.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the period of custody of the petitioners and the submission of charge sheet against the petitioners, the petitioners are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Biraul, Darbhanga/concerned court, in connection with Biraul P.S. Case

Patna High Court CR. MISC. No.85096 of 2024(2) dt.11-12-2024 3/3 No. 476 of 2023, subject to the condition laid down under Section 437(3) of the code of Criminal Procedure and other following conditions:

(i) One of the bailors will be either parents or wife of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) anuradha/- U T