Vishal Singh @ Veer Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49047 of 2015 Arising Out of PS.Case No. -55 Year- 2014 Thana -SIDHWALIA District- GOPALGANJ ====================================================== Noorain Mian Son of Late Ajij Mian Resident of Village - Bhojpurwa, P.S. - Manjhagarh, Distt. - Gopalganj.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== with Criminal Miscellaneous No.49931 of 2015 Arising Out of PS.Case No. -55 Year- 2014 Thana -SIDHWALIA District- GOPALGANJ ====================================================== Vishal Singh @ Veer Singh Son of Ram Pravesh Singh Resident of VillageMadho, Matihani P.S. Mirganj, District Gopalganj. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.49047 of 2015) For the Petitioner/s : Mr. Mohammad Sufyan, Adv. For the Opposite Party/s : Mr. J.N.Thakur(App) (In Cr.Misc. No.49931 of 2015) For the Petitioner/s : Mr. Sanjay Kumar Pandey No-5, Adv. For the Opposite Party/s : Mr. Dr. M.K. Gautam (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-01-2016 Heard learned counsel for the petitioners as well as learned A.P.P. for the State.
Above noted both the applications have arisen out of one occurrence i.e Sindhwalia P.S. Case No. 55/2014 registered for the offence punishable under Section 392 of the Indian Penal Code and as such have been heard together and are being disposed of by this common order.
Patna High Court Cr.Misc. No.49047 of 2015 (3) dt.30-01-2016 2/3 Allegedly, motorcycle borne criminals overtook the motorcycle of the informant and at the point of Arms snatched the motorcycle of the informant and fled away with the motorcycle. During investigation the name of the petitioner transpired in the confessional statement of co-accused Sunil Singh and further the petitioner Noorain Mian also confessed his guilt. Submission is of false implication and that the petitioners though are in custody but have not been put on T.I.P. and without T.I.P. charge-sheet has been submitted, nothing has been recovered from possession of the petitioners and as such the petitioners deserve sympathetic consideration as co-accused Sunil Singh and Indal Sah have already been enlarged on bail by another co-ordinate Bench of this Court to which learned A.P.P. does not dispute.
In the facts and circumstances stated above, the petitioners, above named, are directed to be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Sindhwalia P.S. Case No. 55/2014, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of
Patna High Court Cr.Misc. No.49047 of 2015 (3) dt.30-01-2016 3/3 the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.
(Jitendra Mohan Sharma, J.) Rakhi U T