Kalam Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25027 of 2015 Arising Out of PS.Case No. -6 Year- 2011 Thana -LAUKARIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Kalam Miyan Son of Sirajul Miyan resident of village - Chiwtaha, Police Station - Semara (Chiutaha O.P.) District West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.11554 of 2015 Arising Out of PS.Case No. -6 Year- 2011 Thana -LAUKARIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Rama Kant Sah son of Moti Sah Resident of Village- Kadamahawa, Police Station- Semara (Chiutaha) District- West champaran. .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.25027 of 2015) For the Petitioner/s : Mr. Milind Kumar Mishra For the Opposite Party/s : Mr. M.K.Nirala(App) (In Cr.Misc. No.11554 of 2015) For the Petitioner/s : Mr. Milind Kumar Mishra For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-07-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are in custody in a case registered under Sections 364A of the Indian Penal Code. The prosecution case, in brief is that on 4.2.2011 the

Patna High Court Cr.Misc. No.25027 of 2015 (2) dt.21-07-2015 informant's son Chanchal Sah and along with Dilip Sah had gone at Betihani Don and from there they were returning on a motor cycle of one Kamaruddin Ansari. But, they did not reach at their house and on enquiry, the informant came to know that both have been abducted for ransom by unknown criminals. The motor cycle on which they were returning was found near Satbhika forest. On the basis of information furnished by the informant Laukariya P.S.Case No. 6 of 2011 has been registered. However, the abovenamed abducted persons are still traceless.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 13.11.2014 and the charge sheet has been submitted in the case. It is further submitted that the main allegation is against Sandeep Sharma. It is further submitted that the petitioners were not apprehended from the spot rather their name has come in course of investigation. It is further submitted that the main allegation is against Anirudh Sahni, Om Prakash Choudhary, Rajendra Choudhary and Ranjit Choudhary.

On behalf of the State, it has been submitted that admittedly the name of the petitioners has come in course of investigation where it is alleged that the SIM of the petitioners were used.

Patna High Court Cr.Misc. No.25027 of 2015 (2) dt.21-07-2015 Considering the aforesaid facts and circumstances, it is directed that 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 learned A.C.J.M., Bagaha, West Champaran, in connection with Laukariya P.S. Case No. 6 of 2011.

(Sudhir Singh, J) Chandran U T