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Patna High CourtCR. MISC./16197/2015bail granted

Sunil Kumar v. The State Of Bihar

2015-06-10Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16197 of 2015 Arising Out of PS.Case No. -242 Year- 2014 Thana -SHERGHATI District- GAYA ======================================================

1. Sunil Kumar Son of Ram Keshwar Yadav Resident of VillageDaulatpur, P.S.- Gurua, District- Gaya .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.18175 of 2015 Arising Out of PS.Case No. -242 Year- 2014 Thana -SHERGHATI District- GAYA ======================================================

1. Ranjeet Kumar @ Ranjit @ B.C. Son of Karu Yadav R/o village - Ganjas, P.S. Muffasil, District - Gaya .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.20184 of 2015 Arising Out of PS.Case No. -242 Year- 2014 Thana -SHERGHATI District- GAYA ======================================================

1. Pappu Singh S/o Late Nagdeo Singh R/o Village Dhakanchua, P.S. Raushanganj, District Gaya.

.... .... Petitioner/s

Versus

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

(In Cr.Misc. No.16197 of 2015) For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Nityanand (App) (In Cr.Misc. No.18175 of 2015) For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Pronati Singh (App) (In Cr.Misc. No.20184 of 2015) For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Suresh Pd.Singh(App) ======================================================

CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-06-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in jail in connection with Sherghaty P.S. Case No.242 of 2014 for the offences instituted under Section 392 of the Indian Penal Code.

The prosecution story, in brief, is that in the night of 30/31.8.2014 when the informant, who is a driver of the truck, was on route from Varanasi to Ranchi loaded wheat flour on the said truck arrived near bridge at about 3.30 A.M., suddenly a Sumo vehicle took over and forced the informant to stop the truck and three miscreants came out with pistol and they forcibly got the gate of the truck opened and boarded on the truck and took driving seat and thereafter they got down the informant and Khalasi both from the truck and took them in Sumo vehicle and tied their hands and legs including mouth and they dropped them near bushes. Thereafter, some people who were passer-by from that way set to informant and Khalasi both free by loosing their hands and legs. They also informed to Bodh Gaya Police and on such information, the police came and took the informant at the Police Station and informed the owner of the truck also.

It has been submitted on behalf of the petitioners that the

petitioners are not named in the first information report. Further, it has been submitted that no incriminating articles have been recovered from the conscious possession of the petitioners. It has also been submitted that the petitioners have not been put on T.I. Parade and there is no cogent evidence suggesting the involvement of the petitioners in the case.

On behalf of the State, it has been submitted that the petitioners' names have appeared in the course of investigation and they have played an active role.

Considering the aforesaid facts and circumstances, 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 Sub-divisional Judicial Magistrate, Sherghaty (Gaya) in connection with Sherghaty P.S. Case No. 241 of 2014 .

(Sudhir Singh, J) V.P.Sinha/- U