Nand Kishore Jaiswal @ Nandu Jaiswal v. The State Of Bihar

Patna High Court Cr.Misc. No.28551 of 2015 (3) dt.13-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28551 of 2015 Arising Out of PS.Case No. -59 Year- 2015 Thana -RUPAULI District- PURNIA ======================================================

1. Sunil Kumar Singh @ Sunil Singh son of Sri Yadu Nandan Singh Resident of Village - Kharauan, Police Station - Pasraha, District - Khagaria.

2. Manish Kumar @ Chotu son of Sri Mahendra Singh resident of village - Kadwa Gola Tola, Police Station - Naugachia, District - Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.30026 of 2015 Arising Out of PS.Case No. -59 Year- 2015 Thana -RUPAULI District- PURNIA ======================================================

1. Nand Kishore Jaiswal @ Nandu Jaiswal Son of Vidya Jaiswal, Resident of Village - Anjhari, P.S. Rupouli (Mohanpur), District - Purnea. .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.28551 of 2015) For the Petitioner/s : Mr. Pramod Kumar Thakur For the Opposite Party/s : Mr. Rajendra Singh Shastri Jee(App) (In Cr.Misc. No.30026 of 2015) For the Petitioner/s : Mr. Bijendra Kumar Singh For the Opposite Party/s : Mr. Anil Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 13.10.2015 Both the above stated petitions arise out of Rupaulee (Mohanpur) P. S. Case no. 59/2015 registered under section 302/34 of the Indian Penal Code, section 27 of the Arms Act and accordingly, both the above stated petitions are being disposed of by this common order.

Patna High Court Cr.Misc. No.28551 of 2015 (3) dt.13-10-2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners are not named in the first information report but in course of investigation, the names of the petitioners surfaced in this case only on the basis of suspicion and thereafter, some C.D.R. of mobile phones were obtained by the Investigating officer to show that involvement of the petitioner in alleged crime. It appears that except the aforesaid material, there is nothing against the petitioners.

Moreover, one co-accused Pulkit Singh, having more or less similar allegation, already been granted privilege of bail by a coordinate bench of this court.

Accordingly, petitioners are directed to be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of Sri Ran Vijay Singh, Judicial Magistrate, Ist Class, Purnea/ concerned court in Rupaulee (Mohanpur) P. S. Case no. 59/2015.

shahid (Hemant Kumar Srivastava,J) U T