Suraj Kumar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76742 of 2018 Arising Out of PS. Case No.-129 Year-2018 Thana- CHAPRA RAIL P.S. District- Saran ====================================================== Suraj Kumar Pandit S/o Baliram Pandit, Resident of Village- Sahwan, P.S.- Issuapur, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nalin Kumar For the Opposite Party/s :

Mr.Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is languishing in custody since 27.07.2018 in connection with Chapra Rail P.S. Case No.129 of 2018 registered for the offences punishable under Section 394 of the Indian Penal Code and subsequently added under Section 302 I.P.C.

Prosecution case as per the ferdbeyan of the informant Kulendra Kumar Bharti recorded by the police office of Chapra Rail P.S. is to the effect that on 09.07.2018 at 6 A.M., the informant along with one Sunil Kumar went to for completing some work of Railway track. After completing the work, they returned when near the Jagdamba Road, two persons from the bush came out and began to snatch the articles from the informant and Sunil Kumar. It is alleged that one person took out the knife and attacked on the abdomen and back of Sunil Kumar with knife and the other person attacked on informant's back with knife, as a result, both of them got badly injured. It is furhter

Patna High Court Cr.Misc. No.76742 of 2018(3) dt.25-01-2019 2/2 alleged that both the persons took away mobile phones of the informant. It is submitted by learned counsel for the petitioner that though the present case was lodged against unknown but during investigation, the name of the petitioner sprang up on the confessional statement of one Rakesh Kumar. Subsequently, the petitioner also confessed about the occurrence. Learned counsel for the petitioner further submitted that during investigation, nothing has been recovered from the possession of the petitioner and the petitioner has not been put on T.I. parade till date. Rakesh Kumar Singh, on whose confession, the petitioner has been made accused, has been granted bail by a coordinate Bench of this Court vide order dated 06.12.2018 passed in Cr. Misc. No.

70143 of 2018 Considering the fact that the name of the petitioner sprang up on the confessional statement of co-accused who has been granted bail, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs.10000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate (Railway) in connection with Chapra Rail P.S. Case No.129 of 2018.