Ajay Baitha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49587 of 2015 Arising Out of PS.Case No. -27 Year- 2015 Thana -TARIYANI CHOWK District- SHEOHAR ======================================================
1. Ajay Baitha Son of Mehi Lal Baitha, resident of village - Gidha, Phulwariya, P.S. - Runnisaidpur, District - Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.50861 of 2015 Arising Out of PS.Case No. -27 Year- 2015 Thana -TARIYANI CHOWK District- SHEOHAR ======================================================
1. Ram Pravesh Mahto Son of laxman Mahto Resident of Village-Gidha, P.s Runnisaidpur ,District Sitamarhi.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.51359 of 2015 Arising Out of PS.Case No. -null Year- null Thana -null District- SHEOHAR ======================================================
1. Bansi Kumar @ Banshidhar, son of Hari Rai, resident of VillageLadhaura, P.S.- Tariyani, District- Sheohar. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.49587 of 2015) For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Anant Kumar (App) (In Cr.Misc. No.50861 of 2015) For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Parmanand Kumar(App) (In Cr.Misc. No.51359 of 2015) For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Ashok Kumar(App) ======================================================
Patna High Court Cr.Misc. No.49587 of 2015 (2) dt.10-12-2015 2/3 CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-12-2015 All the three Criminal Miscellaneous arise out of the same occurrence and as such have been heard together and are being disposed of by passing this common order. Heard the learned counsel for the petitioners as well as the learned A.P.P.
The petitioners seek bail in a case for the offences punishable under sections 147, 148, 149, 341, 342, 323, 384, 452, 458, 435, 436 and 504 of the I.P.C, section 27 of the Arms Act and section 17 of the C.L.A. Act.
The petitioners are not named and their names came in this case in confessional statement of co-accused Sunil Sahani. They have not been put on test identification parade. Nothing incriminating articles have been recovered from their possession or from their houses. The petitioners Ajay Baitha and Ram Pravesh Mahto have been made accused in Moti P.S. Case No. 07 of 2015, whereas, petitioner Bansi Kumar @ Banshidhar has got no criminal antecedent and similarly situated co-accused Nagendra Ram has been allowed bail vide Cr. Misc. No. 43456 of 2015, to which the learned A.P.P. does not dispute.
In the facts and circumstances as stated above,
Patna High Court Cr.Misc. No.49587 of 2015 (2) dt.10-12-2015 3/3 petitioners Ajay Baitha, Ram Pravesh Mahto and Bansi Kumar @ Banshidhar are directed 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 C.J.M. Sheohar in Tariyani P.S. Case No. 27 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of 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) Abhay/- U T