Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13390 of 2024 Arising Out of PS. Case No.-453 Year-2023 Thana- RUPASPUR District- Patna ====================================================== 1.

Anand Kumar, Male, aged about 25 years, Son of Sri Ram Chandra Mahto, Resident of Village-Basant Vihar Colony (Ambedkar Path Khajpura, Patna), P.S. -Rajeev Nagar, District-Patna.

2.

Shivam Kumar @ Samir Kumar, Male, aged about 21 years, Son of Sanjay Sharma, Resident of Village-Vikash Vihar Colony, P.S.-Rupaspur, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Budhilal Yadav, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Rupaspur PS Case No. 453 of 2023 instituted for the offences punishable under Sections 356, 379 of the Indian Penal Code.

3. As per the prosecution case, two accused persons snatched away the golden chain from the neck of the informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and has committed no offence and has falsely been implicated in this case merely on the basis of mere suspicion. Petitioners are not named in the FIR and their name surfaced on the basis of statement of guptchar and upon CCTV footage the petitioners have been implicated in this case.

Patna High Court CR. MISC. No.13390 of 2024(2) dt.11-03-2024 2/2

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned Additional Sessions Judge-1st, Danapur dated 11.12.2023, it appears that petitioners are not named in the FIR and his name surfaced on the basis of statement of guptchar. Similarly situated co-accused person namely Sashi Ranjan @ Sashi Ranjan Prasad has been granted bail by the trial Court in B.P. No. 1194 of 2023 dated 27.09.2023, accordingly the prayer for bail of the petitioners are allowed. Let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Danapur, Patna in connection with Rupaspur PS Case No. 453 of 2023.

(Ramesh Chand Malviya, J) Anand Kr.

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