Rahul Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.17566 of 2015 (2) dt.13-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17566 of 2015 Arising Out of PS.Case No. -213 Year- 2014 Thana -BARUN District- AURANGABAD ====================================================== Rahul Kumar Singh Son of Vijay Singh resident of Village - Khaira, Police Station - Mali, District - Aurangabad.

.... .... Petitioner/s

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== with Criminal Miscellaneous No.21731 of 2015 Arising Out of PS.Case No. -213 Year- 2014 Thana -BARUN District- AURANGABAD ====================================================== Vikash Kumar @ Vikash Kumar Yadav S/o Ram Nandan Singh resident of village - Chander Bigha, P.S. Baroon, District - Aurangabad .... .... Petitioner/s

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:

(In Cr.Misc. No.17566 of 2015) For the Petitioner/s : Mr. Shailesh Kumar Singh, Adv.

For the Opposite Party/s : Mr. Uday Chandra Pd., APP (In Cr.Misc. No.21731 of 2015) For the Petitioner/s : Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s : Mr. Sahin Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 13-05-2015 Criminal Miscellaneous No.17566 of 2015 wherein Rahul Kumar Singh is the petitioner while Criminal Miscellaneous No.21731 of 2015 wherein Vikash Kumar @ Vikash Kumar Yadav is the petitioner both commonly originate out of Baroon P.S. Case No.213 of 2014 and on account thereof, have been heard together and are being disposed of by a common order. Four armed miscreants raided the stall of informant where he was realizing fee against loading of sand, snatched away Rs.1,20,000/- and during course thereof, to terrorize the chasers

Patna High Court Cr.Misc. No.17566 of 2015 (2) dt.13-05-2015 they also fired. It has further been disclosed that subsequently they came to know that one of the miscreants has sustained firearm injury as well as one countrymade pistol and some cartridges were also found. The injured happens to be Vikash Kumar who subsequently died.

From the order impugned it is evident that save and except inculpatory extra judicial confessional statement of both the petitioners coupled with recovery of mobile of Muffasil P.S. Case No.30 of 2014 as well as cash nothing more remains. So far cash is concerned; the same has not been identified to be the booty of instant case. Although, both the petitioners have got criminal antecedent however, in the background of deficiency at the end of the prosecution, petitioner Rahul Kumar Singh, Vikash Kumar @ Vikash Kumar Yadav each are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No.213 of 2014.

(Aditya Kumar Trivedi, J.) PN/- U T