Dhananjoy Kumar @ Dhananjay Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39283 of 2015 Arising Out of PS.Case No. -189 Year- 2015 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================
1. Dhananjoy Kumar @ Dhananjay Das Son of Munshi Das, Resident of village- Ateran Chowk, Bahadurpur, Ward No.5, P.S. Samastipur (Muffasil), District- Samastipur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.40907 of 2015 Arising Out of PS.Case No. -189 Year- 2015 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================
1. Amit Kumar @ Amit Bhattacharya @ Amit Bhattacharyjee son of Anup Bhattacharjee Resident of Village and P.s Chakwa (Chakidah)District Krishna Nagar, At present R.P.F. Barrack .Q.No. 543K, P.s Samastipur (Mufassil) District Samastipur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.42195 of 2015 Arising Out of PS.Case No. -189 Year- 2015 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================
1. Md. Tabrej @ Md. Imran @ Tabrej Khan Son of Late Shamsul Haque Resident of village and P.S. Baheri District Balia ( U.P. ) At Present R.P.F. Colony Q No. 480L, P.S. Samastipur ( Muffasil ), District - Samastipur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.39283 of 2015) For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Smt. Anita Kumari (App) (In Cr.Misc. No.40907 of 2015)
Patna High Court Cr.Misc. No.39283 of 2015 (3) dt.09-10-2015 For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Manoj Kumar No.1(App) (In Cr.Misc. No.42195 of 2015) For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Manoj Kumar 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners seek bail in a case registered for the offences punishable under sections 395 and 397 of the Indian Penal Code.
It is alleged by the informant that on 22.06.2015 at 1.00 A.M. in the night on hearing hulla he woke up and saw that 5-6 persons entered inside the house armed with danda and knife and assaulted him and took away Rs. One lac ten-fifteen thousand and 16-17 bhar gold and other ornaments. The miscreants assaulted his sons, his wife and daughter-in-law who became injured. The informant and his family members are alleged to have identified some of the miscreants.
It has been submitted on behalf of the petitioners that they are in custody since 24.06.2015. Charge-sheet has been submitted in the case. Petitioners have falsely been implicated in the present case due to village politics. Petitioners are students of College.
Patna High Court Cr.Misc. No.39283 of 2015 (3) dt.09-10-2015 On behalf of the State, it has been submitted that the petitioners are named in the F.I.R. and they have been identified by the informant side while they were committing dacoity in the house of the informant. Other co-accused who was apprehended in another case, his statement has been recorded in paragraph 78 of the case diary which also supports the F.I.R. Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioners on bail in connection with Samastipur (Mufassil) P.S. Case no. 189 of 2015 pending in the court of the learned Sub-divisional Judicial Magistrate, Samastipur. These three bail applications are, accordingly, rejected.
However, the trial court is directed to take all necessary steps to expedite trial and conclude the same within one year from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Amin/- U