Patna High CourtCR. MISC./9644/2015bail granted

Amit Kunwar @ B.D.O.And ORS v. The State Of Bihar

2015-03-11Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.9644 of 2015 (2) dt.11-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9644 of 2015 Arising Out of PS.Case No. -304 Year- 2014 Thana -GOPALPUR District- BHAGALPUR ======================================================

1. Amit Kunwar @ B.D.O. Son of Viveka Nand Kunwar

2. Bhola Mandal Son of Upendra Mandal

3. Mukesh Singh Son of Guredev Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Ashok Kr.Singh No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-03-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners were arrested on 13.09.2014 when allegedly, they along with others assembled to make preparation for committing dacoity and in course of search, firearms were recovered from possession of the petitioners and other accused. Petitioner no. 1 has criminal history of seven cases, petitioner no. 2 has criminal history of two cases and petitioner no. 3 has criminal history of only one case.

The contention on behalf of the petitioners is that for the alleged occurrence, two separate cases, one for the offence of Arms Act and another for the offences punishable under Sections 399 and 402 of the Indian Penal Code was registered i.e. the

Patna High Court Cr.Misc. No.9644 of 2015 (2) dt.11-03-2015 present one. It is further contended by him that as a matter of fact, petitioners were arrested from their houses and taking note of their previous antecedent, the police fabricated this false case. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners 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 Additional Chief Judicial Magistrate, Naugachia, Bhagalpur in connection with Gopalpur P.S. Case No. 304 of 2014. (Hemant Kumar Srivastava, J) SHAHZAD/- U T