Md. Rehan v. The State Of Bihar

Patna High Court Cr.Misc. No.23307 of 2015 (3) dt.23-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23307 of 2015 Arising Out of PS.Case No. -57 Year- 2015 Thana -SULTANGANJ District- BHAGALPUR ====================================================== SANTOSH SAH, SON OF SRI GOPAL PRASAD SAH, RESIDENT OF VILLAGE - SITARAMPUR, P.S. - SULTANGANJ, DISTRICT : BHAGALPUR.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR.

.... .... OPPOSITE PARTY/S ====================================================== with Criminal Miscellaneous No.24765 of 2015 Arising Out of PS.Case No. -57 Year- 2015 Thana -SULTANGANJ District- BHAGALPUR ====================================================== MD. REHAN, S/O LATE MD. AYUB KHAN, R/O VILLAGE - NAWADA, P.S. SULTANGANJ, DISTT. - BHAGALPUR .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

(In Cr.Misc. No.23307 of 2015) For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate. For the Opposite Party/s : Mr. Smt.Madhuri Lata(APP) (In Cr.Misc. No.24765 of 2015) For the Petitioner/s : Mr. Pravin Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Anuradha Singh(APP). ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-09-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Both applications are related to Sultanganj P.S. Case No. 57 of 2015 registered under Sections 386 and 387/34 of the Indian Penal Code, hence both applications are heard together and

Patna High Court Cr.Misc. No.23307 of 2015 (3) dt.23-09-2015 are being disposed of by common order.

Learned counsel for the petitioners submits that it would appear from the F.I.R. that five persons forcibly took away the vehicle of the informant, who on reaching the photographs of criminals at police station, identified the five photographs of miscreants as detailed in the F.I.R. In course of investigation one Gautam Kumar Yadav, was apprehended by the police, who disclosed the name of the petitioners, showing the involvement their in the present case. It is further submitted it would appear from the F.I.R. that informant identified the five photographs of miscreants, who were taking his vehicle, not the petitioners. Petitioners have no criminal antecedent and are in custody since 06.04.2015.

Having regard to the facts and the circumstances of the case, the petitioners above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, in connection with Sultanganj P.S. Case No. 57 of 2015. (Rajendra Kumar Mishra, J) Bhardwaj/- U T