Ram Bahadur Sahani And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20101 of 2015 Arising Out of PS.Case No. -41 Year- 2013 Thana -CHAKIA District- EASTCHAMPARAN (MOTIHARI) ====================================================== Sone Lal Sah Son of Banti Lal Sah resident of village Sri Rampur, P.S. Kathaiya, District - Muzaffarpur.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== With Criminal Miscellaneous No.24062 of 2015 Arising Out of PS.Case No. -41 Year- 2013 Thana -CHAKIA District- EASTCHAMPARAN (MOTIHARI) ====================================================== Ram Bahadur Sahani, son of Sri Punit Sahani Resident of Village Mokari Tola, Police Station Sahebganj, District Muzaffarpur.
2. Binod Sahani, son of Mahendra Sahani Resident of Village Hussepur, Police Station Sahebganj, District Muzaffarpur. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.20101 of 2015) For the Petitioner : Mr. Upendra Kumar Chaubey, Advocate For the Opposite Party: Mr. R.S. Chaudhary, APP (In Cr.Misc. No.24062 of 2015) For the Petitioners : Mr. Upendra Kumar Chaubey, Advocate For the Opposite Party: Mr. Ram Naresh Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-06-2015 Since both these applications arise out of the same first information report, they have been heard together and are being disposed of by this common order.
The petitioners of both these applications seek bail in connection with Chakiya P.S. Case No.41 of 2013 for the offences punishable under Sections 395 and 397 of the Indian Penal Code.
Patna High Court Cr.Misc. No.20101 of 2015 (2) dt.11-06-2015 2/3 The prosecution story, in brief, is that on 11/12.02.2013 about 15-20 unknown criminals entered in the house of the informant breaking the door. After assaulting his family members, they entered in every room of his family members and looted all the ornaments and mobiles. After that, the dacoits also entered in the house of his neighbour Manzoor Alam and they also looted the ornaments from that house. When the villagers came and protested, the dacoits fired upon them as a result of which Shilpi Kumari sustained bullet injury.
It has been submitted on behalf of the petitioners that the petitioners are not named in the first information report and there is no recovery of any incriminating articles from their possession nor they have been put on test identification parade. Further it has been pointed out that other accused persons have been granted bail by this Court vide Cr. Misc. No.7903 of 2014, Cr. Misc. No.39220 of 2014 and Cr. Misc. No.40837 of 2014.
On behalf of the State, it has been submitted that admittedly, the petitioners are named in the first information report.
Considering the aforesaid facts and circumstances of the case, let the petitioners of both these applications, above named, be released on bail on furnishing bail bonds of Rs.10,000/-
Patna High Court Cr.Misc. No.20101 of 2015 (2) dt.11-06-2015 3/3 (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Sri S.K. Mishra, Judicial Magistrate, Sadar, Motihari in connection with Chakiya P.S. Case No.41 of 2013.
(Sudhir Singh, J) B.T/- U T