Sonu Mian @ Kaushar @ Kaushar Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21256 of 2015 Arising Out of PS.Case No. -221 Year- 2013 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== Sonu Mian @ Kaushar @ Kaushar Ali, S/o Babu Jain Mian, Resident of Village Rafi Indrawa, P.S.- Town Gopalganj, District Gopalganj. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner : Mr. Uday Pratap Singh, Advocate For the Opposite Party : Mr. Panchanand Pandit(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is in custody since 27.8.2013 in a case registered under Sections 392/411 of the Indian Penal Code. The prosecution case, in brief, is that Braj Mohan Mihra (informant) has lodged a written report before the Officer-in-Charge of Kuchaikote Police Station on 26.8.2013 that he had withdrawn Rs.11,000/- from Sasamusha State Bank and spent Rs.1000/- in market and rest put in a bag and boarded in a commander jeep to return back to his home situated in Village-Barnaile Gokhul. Thereupon one boy boarded in the jeep and sat near the informant. At about 2.30 P.M. when the jeep reached near Rai Line Hotel, one boy followed the jeep by his motorcycle and stopped the jeep. Thereafter, the three boys, who were in the jeep, caught hold of the informant, pushed him on the earth, put pistol on his body and snatched Rs.10,000/- from the informant and fled away in the side of Sasamusa Bazar. Soon thereafter police reached at the place of occurrence
Patna High Court Cr.Misc. No.21256 of 2015 (2) dt.13-07-2015 2/2 and chased the miscreants and caught three miscreants, who disclosed their names to be Krishna Kumar, Ranjan Singh and Sonu Mian (petitioner). One miscreant who fled away during the course of chase was Bimal Singh as disclosed by these three accused persons.
It has been submitted on behalf of the petitioner that the charge sheet has already been submitted in the case. It is further submitted that the petitioner has been made accused due to mistake of fact.
On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj, in connection with Kuchaikote P.S. Case No.221 of 2013.
(Sudhir Singh, J) PNM U T