Ramjanam Kumar @ Ramjalam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83486 of 2024 Arising Out of PS. Case No.-98 Year-2024 Thana- BIND District- Nalanda ====================================================== Karan Kumar S/o Sudhir Chauhan R/o Village- Rampur, P.S.- Bind, DistrictNalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 88459 of 2024 Arising Out of PS. Case No.-98 Year-2024 Thana- BIND District- Nalanda ====================================================== Ramjanam Kumar @ Ramjalam Kumar Son of Balkishun Bind Resident of Village- Garbhuchak, Police Station - Harnaut, District - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 83486 of 2024) For the Petitioner/s :
Mr. Pramod Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP (In CRIMINAL MISCELLANEOUS No. 88459 of 2024) For the Petitioner/s :
Mr. Ganesh Sharma, Advocate For the Opposite Party/s :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-03-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case registered for the offence punishable under Section 310(2) of the BNS.
3. The case of the prosecution is that the informant was
2/4 returning from village Asthawan on his bike. When he reached two kilometers away from Asthawan, eight persons on two bikes intercepted him. It is further alleged that a mobile of Realme company and mobile of Oppo company and the bike was looted by the unknown miscreants. The FIR was lodged against unknown miscreants.
4. learned counsel for the petitioners submits petitioners are innocent and have committed no offence. They have falsely been implicated in the present case. They have got no criminal antecedent. As far as petitioner namely, Karan Kumar is concerned, it has been submitted by the learned counsel for the petitioner that a mobile of realme company was recovered from the possession of this petitioner. In this regard, the learned counsel for the petitioner submits that he has filed a purchase receipt of the said mobile which also bears the IMEI number of the mobile but the realme mobile which was looted from the informant, there is no description of IMEI number of the said stolen mobile and it has not transpired in the investigation as well. It has been submitted that, as the mobile belongs to him, there is no allegation against him.
5. Learned counsel further submits that as far as the case of petitioner namely, Ramjanam Kumar alias Ramjalam
3/4 Kumar is concerned, it has been submitted by the learned counsel for the petitioner that a bike was recovered from his possession but from perusal of the seizure list, it transpires that the said bike was recovered from Mahalaxmi Dhaba Kichani, Harnaut. From perusal of the case diary, it transpires that the police has collected the tower location of the stolen mobile and on that basis, they have reached the Mahalaxmi Dhaba, there three persons were found sitting on the stolen bike who started fleeing away seeing the police. So this recovery cannot be fastened with the possession of this petitioner. The learned counsel for the petitioner has submitted that the seizure list will go to show that the copy of the same was not handed over to the petitioner. Both the petitioners are in custody since 20.07.2024.
6. Learned APP appearing for the state has opposed the prayer of regular bail.
7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners namely Karan Kumar and Ramjanam Kumar are directed to be released on bail in connection with Bind P.S. Case No. 98 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the
4/4 satisfaction of learned Court of Judicial Magistrate-III, Nalanda at Biharsharif.
(Ashok Kumar Pandey, J) Sudhanshu/- U T