Vishal Singh @ Veer Singh @ Vishal Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 50030 of 2015 Arising out of P.S. Case No. - 78 Year - 2014 Thana - MOHAMMADPUR District - GOPALGANJ ====================================================== Vishal Singh @ Veer Singh @ Vishal Kumar Singh, Son of Ram Pravesh Singh, Resident of Village - Madho Matihani, P.S. - Mirganj, District - Gopalganj .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== With Criminal Miscellaneous No. 51716 of 2015 Arising out of P.S. Case No. - 78 Year - 2014 Thana - MOHAMMADPUR District - GOPALGANJ ====================================================== Situ Mishra, Son of Mani Nath Mishra, Resident of Village - Sishai, P.S. - Bhore, District - Gopalganj .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.50030 of 2015) For the Petitioner : Mr. Sanjay Kumar Pandey No-5, Advocate For the Opposite Party : Mr. Subhash Chandra Mishra, A.P.P. (In Cr.Misc. No.51716 of 2015) For the Petitioner : Mr. Umesh Kumar Singh, Advocate For the Opposite Party : Mr. Ajay Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 09-02-2016 Heard learned counsel for the petitioners and learned counsel for the State.
These petitions are for grant of regular bail in a case under Section 394 of the Indian Penal Code.
The brief prosecution case, as per the First Information Report, which has been registered against four unknown criminals on the basis of the written statement of the informant, is that on 05.08.2014 at about 3:00 P.M. while the
Patna High Court Cr.Misc. No.50030 of 2015 (3) dt.09-02-2016 informant was returning to his home, with Akhilendra Singh after withdrawing Rs.49,000/- from the State Bank of India, Sidhwalia four unknown criminals, riding on two motorcycles, intercepted the informant and took away Rs.49,000/- with personal belongings and damaged his motorcycle on the gun/knife point at Mangolpur brick soiling road.
It is submitted that the petitioners are not named in the First Information Report and the name of the petitioners has transpired in this case on the basis of the confessional statement of one Nurain Miyan and except the confessional statement there is nothing against the petitioners. It is further submitted that the petitioners have got criminal antecedents Hence, having regard to the facts and circumstances of the case, the petitioners above named are ordered to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Gopalganj/Chief Judicial Magistrate, Gopalganj in connection with Mohammadpur P. S. Case No. 78 of 2014 (G.R. No. 2637/2014), subject to the condition that the petitioners will file Hazri in the nearest police station once in a fortnight for one year and one of the bailors shall be the close relative of the petitioners
Patna High Court Cr.Misc. No.50030 of 2015 (3) dt.09-02-2016 who will file affidavit to the effect that the petitioners shall not involve in such type of activity in future and if any report is received regarding their involvement then the bail bond of the petitioners shall be cancelled by the court below. Kundan (Gopal Prasad, J) U T