Munna Hembram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17053 of 2016 Arising out of PS.Case No. -15 Year- 2015 Thana -CHANAN District- BANKA ====================================================== Sonu Barnwal @ Vikas Kumar Bharti .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.17249 of 2016 Arising Out of PS.Case No. -15 Year- 2015 Thana -CHANAN District- BANKA ====================================================== Munna Hembram, S/o GaneshHambram, resident of Village- Narganjo, Police Station -Jhajha, District Jamui.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

(In Cr.Misc. No.17053 of 2016) For the Petitioner : Mr. Sanjay Kumar Jha, Advocate. For the Opposite Party : Mr. Raj Kishore Singh(App) (In Cr.Misc. No.17249 of 2016) For the Petitioner : Mr. Ajay Mukherjee, Advocate. For the Opposite Party : Mr. Narendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 15.12.2015 and 27.01.2016 respectively in connection with Chandan (Anandpuri) P.S. Case No. 15 of 2015 for the offences instituted under Sections 341, 364(A) and 504/34 of the IPC.

Patna High Court Cr.Misc. No.17053 of 2016 (3) dt.23-05-2016 2/3 The prosecution story, in brief, is that on 20.12.2015 when the informant, Ajay Kumar, Branch Manager, S.B.I., Bharoganj, was returning from the bank towards Deoghar by riding his motorcycle then two motorcycles borne perpetrators, who were riding on a motorcycle knocked him by kicking his motorcycle by which he fell down. It is further alleged that out of the two culprits, one had brandished a pistol at him and overpowered him and abducted him on another motorcycle, which was riding by other two culprits, they took him away in the forest and asked ransom money Rs. 20,00,000/-. The further case is that during course of the abduction when one bank staff ranged on the cell phone of the informant then one accused told that staff that the manager was abducted and when the police swung into action then they took away him to another unknown place by covering his eyes, one asked his cell phone number and later on, freed him saying to pay the ransom amount. As per the case the perpetrators took away his cell phone.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 15.12.2015 and 27.01.2016 respectively and the charge sheet has been submitted in the present case. The petitioners have falsely been implicated in the present case. The petitioners have been made accused in the present case

Patna High Court Cr.Misc. No.17053 of 2016 (3) dt.23-05-2016 3/3 on the basis of secret information. Except for that there is no other material to show the implication of the petitioners in the present case. The petitioners have not been put on T.I. Parade to ascertain their implication in the present case.

On behalf of the State it has been submitted that the petitioners are not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Banka, in connection with Chandan (Anandpur) P.S. Case No. 15/2015. U.K./- (Sudhir Singh, J) U T