Sunil Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23408 of 2015 Arising Out of PS.Case No. -152 Year- 2014 Thana -ATRI District- GAYA ====================================================== SUNIL SINGH SON OF LATE BACCHU SINGH RESIDENT OF VILLAGE - KOBBA, P.S. WAZIRGANJ, DISTRICT - GAYA .... .... Petitioner/s
VERSUS
THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:
For the Petitioner/s : Mr. Sudhir Kumar Sinha, Adv.
For the Opposite Party/s : Mr. M.K. Nirala (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 10-07-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
Informant, a Panchayat Sebak had alleged that after withdrawing Rs.4,80,000/- he proceeds towards Ghusri Panchayat for distribution amongst pensioners along with relevant registers, Gautam Kumar and Raju on the pretext of firearm snatched away the aforesaid amount. His son after raising alarm chased the miscreants attracting so many villagers including the police who also joined and then it is said that Gautam, Binnu and Sunil were caught hold along with registers cash appertaining to Rs.4,21,500/, relevant. The rest amount, fourth accused namely, Raju taken away.
It has been submitted on behalf of petitioner that two persons, who snatched the amount were chased and apprehended having register along with booty, then in that event presence of other two became doubtful coupled with improbability in having a space for distributing the booty as alleged by the prosecution. Furthermore, from the seizure list it is apparent that Rs.2,00,600/- was recovered from the house of Gautam Kumar which belie the prosecution case. In likewise manner rupees one lacs twenty thousand along with register from Binu and one lac from possession of petitioner. It has
Patna High Court Cr.Misc. No.23408 of 2015 (2) dt.10-07-2015 also been submitted that whole occurrence is palpably false. As the villagers protested over malfunctioning of the informant. Therefore, taking the police in his collusion got this case filed with false and frivolous allegation. On that very score remaining co-accused have already been granted bail vide order dated 06.05.2015 passed in Cr. Misc. Nos.47853 of 2015, 11651 of 2015, 192010 of 2010.
Accordingly, petitioner Sunil Singh is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of sri A.K. Singh, Judicial Magistrate, 1st Class, Gaya in connection with Atri P.S. Case No.152 of 2014. (Aditya Kumar Trivedi, J.) PN/- U T