Sumant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74152 of 2019 Arising Out of PS. Case No.-118 Year-2019 Thana- SONPUR RAIL P.S. District- Saran ====================================================== SUMANT KUMAR, aged about 35 years (Male), Son of Late Arun Kumar, Resident of Village-Tepari, P.S.-Piyar, District-Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Awadhesh Kumar Singh, Advocate.

For the Opposite Party :

Mr.Damodar Prasad Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 379 and 411 of the IPC. The prosecution story, in brief, is that on 28.08.2019, the informant alongwith his wife Safrina Khatoon was going to New Delhi on Awadh Assam Express Train. The informant was sitting on Berth No. 21 whereas his wife was sitting on Berth No. 24. When the Train was slowing down at Sonpur Station, a person snatched a lady purse from the wife of the informant. On hulla, with the help of passengers, the miscreant was apprehended. In that lady purse, a cash of Rs. 1,000/-, Aadhar Card and other lady items have been kept. The apprehended person addressed himself as Sumant Kumar (petitioner). The

Patna High Court CR. MISC. No.74152 of 2019(2) dt.27-11-2019 2/2 informant received the lady purse from the police. It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 29.09.2019. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. He has been made accused in the present case due to mistake of fact. The case is triable by the Magistrate. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. (Railway), Sonepur, Saran, in connection with Sonepur Rail P.S. Case No. 118 of 2019.

(Sudhir Singh, J) U.K./- U T