Jai Kishun Bhagat v. The State Of Bihar
Patna High Court Cr.Misc. No.17103 of 2015 (3) dt.20-05-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17103 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -MOTIPUR District- MUZAFFARPUR ======================================================
1. Jai Kishun Bhagat Son of Late Aklu Bhagat Resident of Village - Pokhraira, P.S. - Saraiya, District - Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.17582 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -MOTIPUR District- MUZAFFARPUR ======================================================
1. Ajay Kumar Son of Mahendra Bhagat Resident of Village - Mouna, P.S. - Baruraj, District - Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.17103 of 2015) For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s : Mr. Sakir Ahmad (APP) (In Cr.Misc. No.17582 of 2015) For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s : Mr. Zainul Abedin (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 20-05-2015 Cr. Misc. No. 17103/2015 wherein Jai Kishun Bhagat happens to be the petitioner while Cr.Misc. No. 17582/2015 wherein Ajay Kumar happens to be the petitioner commonly originate out of Motipur PS Case No. 07/2015, both have been heard analogously and are being disposed of by a common order. Members of the banned organization raided the site where construction of road was going on, of which Joint Venture Company happens to be the contractor, and put the equipments,
Patna High Court Cr.Misc. No.17103 of 2015 (3) dt.20-05-2015 machines etc on fire in order to terrorize them for having levy at their end. Apparently, the FIR was registered against unknown. Subsequently thereof, the Investigating Officer was informed by the spy that members of the banned outfit are going to be assembled at the house of petitioner, Jai Kishun Bhagat for the purpose of preparing their future plan whereupon raid was conducted and both the petitioners including Sunil Bhagat and Mukesh Ram were apprehended. It is also evident that on search from the house of petitioner, pamphlet etc. were seized in terms of seizure list. None of the petitioners was put on TIP. Only on the basis of inculpatory extra judicial confessional statement, they have been dragged in this case.
Accordingly, both the petitioners, namely, Jai Kishun Bhagat and Ajay Kumar are directed to be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Sessions Judge, Muzaffarpur in connection with Motipur PS Case No. 07/2015. (Aditya Kumar Trivedi, J) perwez U T