Sanyog Kumar @ Sanyog Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72506 of 2023 Arising Out of PS. Case No.-80 Year-2022 Thana- MAHINDWARA District- Sitamarhi ====================================================== Shivam Kumar @ Bhujali Son Of Satyendra Singh R/O Village- Korlahiya Mansingh, Ward No.6, P.S.- Mahindwara, District- Sitamarhi ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 329 of 2024 Arising Out of PS. Case No.-80 Year-2022 Thana- MAHINDWARA District- Sitamarhi ====================================================== 1.

Sanyog Kumar @ Sanyog Rai S/O Sukul Rai R/O Village- Korlahiya, P.SMahindwara, Distt.- Sitamarhi. 2.

Sanjit Kumar @ Santosh Kumar S/O Sukul Rai R/O Village- Korlahiya, P.SMahindwara, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 72506 of 2023) For the Petitioner/s :

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

Mr.Sharda Kumari (In CRIMINAL MISCELLANEOUS No. 329 of 2024) For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 395 of the Indian Penal Code.

Patna High Court CR. MISC. No.72506 of 2023(3) dt.31-01-2024 2/3 Prosecution case lodged by the informant, being the driver of the Truck bearing Reg. No. BR-30G-6652. According to the prosecution, while the informant proceeded with the said Truck, laden with TMT iron rod, from Bihta to Olipur, a bolero vehicle overtook his truck and signaled to stop. In the meantime, 5-6 miscreants boarded on the truck and pulled the informant out. They tied him and took out his mobile. It is further alleged that they proceeded with the aforesaid Truck and threw the informant at a lonely place. It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case. Neither the petitioners are named in F.I.R. nor they have been put on T.I.P.

Nothing has been recovered from the conscious possession of the petitioners. The name of petitioner (Cr. Misc. No. 72506 of 2023) sprang up in this case on the basis of his self confessional statement and the name of petitioners, namely, Sanyog Kumar and Sanjit Kumar came in light on the confessional statement of petitioner (Cr. Misc. No.

Patna High Court CR. MISC. No.72506 of 2023(3) dt.31-01-2024 3/3 namely, Shivam Kumar. Moreover, the petitioners are languishing in judicial custody for more than 7 months. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Mahindwara P.S. Case No. 80 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi. (Sunil Kumar Panwar, J) Nirajkrs/- U T