Awanish Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57929 of 2015 Arising Out of PS.Case No. -53 Year- 2013 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Awanish Kumar Singh Son of Chandraket Singh, R/o Village - Delho, P.S. - Madhuban, District - East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.57945 of 2015 Arising Out of PS.Case No. -53 Year- 2013 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Chandraket Singh S/o Bindeshwari Singh R/o Village- Delho, P.s Madhuban,District East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.57929 of 2015) For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Ram Naresh Ray(App) (In Cr.Misc. No.57945 of 2015) For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Anish Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-02-2016 Above noted both applications have arisen out of one occurrence i.e. Rajepur P.S. Case No. 53 of 2013 registered for the offence punishable under Section 387 of the Indian Penal Code and as such they have been heard together and are being disposed of by this common order.
Allegedly, from mobile no. 9199704917 ransom of Rs. 5,00,000/- was demanded repeatedly on the mobile number of the
informant otherwise to kidnap his son and to burn his vehicle. The miscreants were describing themselves as the members of Azad Hind Fauz organization. The petitioners are not named in the FIR, their names transpire in the confessional statement of co-accused Raushan Kumar Singh and accordingly, both have been remanded in this case.
Submission is of false implication and that during investigation nothing has come against the petitioners, petitioner Awanish Kumar Singh is the son of petitioner Chandraket Singh and they have been made accused in one case after another only on the basis of confessional statement, from all mobile's call details involvement of the petitioners have also not surfaced, nothing has been recovered from their conscious possession and as such the petitioners who are suffering in custody since 07.11.2014 and 21.01.2015 respectively deserve sympathetic consideration. Learned APP fairly submits that names of the petitioners have come in the confessional statement of co-accused Raushan Singh who is non-else but the son of petitioner Chandraket Singh.
In the facts and circumstances stated above, considering the period of detention, the petitioners above named of both the cases are directed to be released on bail on execution of bail bonds
of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sikarahana at Motihari, East Champaran in connection with Rajepur P.S. Case No. 53 of 2013, 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) avin/- U T