Pradumanpuri v. The State Of Bihar

Patna High Court Cr.Misc. No.20455 of 2016 (2) dt.18-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20455 of 2016 Arising Out of PS.Case No. -1 Year- 2016 Thana -DORIGANJ District- SARAN ====================================================== Pradumanpuri son of Ramjeepuri, Resident of village- Sihasani, P.S.- Baikunthpur, District- Gopalganj .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajesh Kumar, Advocate. For the Opposite Party : Mr. Ashok Kr.Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 387, 427, 509, 120B of the Indian Penal Code, Sections 3,4,5 of the Explosive Act, 17 C.L.A. Act, and 10, 13, 16, 17, 18 and 20 U.A.P. Act. The petitioner is not named in the First Information Report and in course of investigation the informant and some others disclosed the name of the petitioner on the basis of information given by the villagers. Furthermore, after the investigation, the statement of two night guards was recorded and the night guards claimed to have seen the petitioner and others committing the occurrence.

Patna High Court Cr.Misc. No.20455 of 2016 (2) dt.18-05-2016 Contention on behalf of the petitioner is that the aforesaid statement of night guards is nothing but only an after thought story because had the aforesaid night guards identified the petitioner and other co-accused, they would have disclosed the name of the petitioner and others before the informant at the time of preparation of the formal F.I.R. The petitioner is in jail custody since 22.01.2016 and he was remanded in this case from Gorakha P.S. Case No. 05 of 2016 and except the aforesaid case as well as the present one, the petitioner does not have any criminal antecedent.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-VIIth, Chapra at Saran in connection with Doriganj P.S. Case No. 01 of 2016. (Hemant Kumar Srivastava, J.) Amit/- U T