Patna High CourtCR. MISC./2299/2016bail granted

Shivjee Mushahar @ Sijay Mushahar And ANR v. The State Of Bihar

2016-04-12Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2299 of 2016 Arising Out of PS.Case No. -34 Year- 2010 Thana -KOCHAS District- SASARAM (ROHTAS) ======================================================

1. Shivjee Mushahar @ Sijay Mushahar

2. Vijay Mushahar Both Sons of Jhagru Mushahar resident of Village - Binpurwa, P.S. Ramgarh, District - Kaimur (Bhabua). .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Nandan Sahay For the Opposite Party/s : Mr. Asha Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-04-2016 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in a case registered for the offences punishable under section 395 of the Indian Penal Code.

The petitioners are not named in the first information report but during the course of investigation, name of the petitioners transpired in this case in the confessional statement of co-accused Din Dayal Mushar.

Submission is of false implication, the petitioners have been remanded in another case also, the petitioners have been made victim of police atrocities and there is no legal and tangible material against the petitioners, the petitioners are

Patna High Court Cr.Misc. No.2299 of 2016 (5) dt.12-04-2016 suffering in custody since 26.09.2015 but have not been put on T.I parade. Guddu Mushahar and Munna Mushahar have already been allowed bail vide Criminal Misc. No. 2070 of 2016 by a coordinate Bench of this Court and co-accused Dindayal Mushahar has also been allowed bail vide Criminal Misc. No. 9285 of 2014 and as such the petitioner also deserves sympathetic consideration to which the learned A.P.P. does not dispute. In the facts and circumstances stated above, the petitioners above named are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Kochas (Parsathua) P.S. Case No. 34 of 2010. (Jitendra Mohan Sharma, J) Amin/- U