Ganga Dayal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2830 of 2016 Arising Out of PS.Case No. -339 Year- 2015 Thana -DUMRAUN District- BUXAR ======================================================
1. Ganga Dayal Singh son of Late Hari Narayan Singh, Resident of VillageBirpur, P.S.- Sahpur, District- Bhojpur..... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.6766 of 2016 Arising Out of PS.Case No. -339 Year- 2015 Thana -DUMRAUN District- BUXAR ======================================================
1. Dasai Singh @ Dasai Yadav Son of Late Ram Niwash Singh Resident of Village - Englishpur, Police Station - Charpokhari, District - Bhojpur at Ara.... ........................................ Petitioner
Versus
1. The State of Bihar. .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.2830 of 2016) For the Petitioner/s : Mr. Amit Kumar For the Opposite Party/s : Mr. Satyendra Narayan Singh(App) (In Cr.Misc. No.6766 of 2016) For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Ram Chandra Sahni(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-03-2016 Above noted both the applications have arisen out of one occurrence i.e. Dumraon P.S. Case No. 339 of 2015 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code as such they have been heard together and are being disposed of by this common order.
Allegedly, two dead bodies were recovered kept on railway track and it revealed that some unknown miscreants after killing them threw the dead bodies on railway track. During
investigation on the basis of photographs of the deceased the brother of the deceased Ajay Kumar identified the photographs of the dead bodies and he stated regarding the land dispute with Dasrath Singh, Nisan Singh, Dasai Singh, Ashok Kumar and Mahesh Singh and further both the petitioners have confessed their guilt also.
Submission is of false implication due to land dispute and that besides suspicion and confessional statement there is no other legal and tangible material against the petitioners and as such both deserve sympathetic consideration as they are in custody since 08.10.2015 and 27.11.2015 respectively. Learned APP fairly submits that there is no other material against the petitioners.
In the facts and circumstances stated above, the petitioners above named of both the cases are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Dumraon (Naya Bhojpur O.P.) P.S. Case No. 339 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the
petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T