Ramesh Singh @ Ramesh Kumar Singh And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.11219 of 2016 (2) dt.03-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11219 of 2016 Arising Out of PS.Case No. -52 Year- 2012 Thana -PARSAUNI District- SITAMARHI ======================================================

1. Ramesh Singh @ Ramesh Kumar Singh son of Jai Narayan Singh

2. Bauyejee Mahto @ Bauaji Mahto son of Jitan Mahto Both R/o VillageChatauna Bishanpur, P.S.- Piprahi, District- Sheohar. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Ashok Kumar Jha, Advocate For the Opposite Party : Mr. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Parsauni P.S. Case No. 52 of 2012 for the offences instituted under Sections 272, 273 and 308/34 of the Indian Penal Code and Section 47(a) of the Excise Act. As per the prosecution case, it is a case of recovery of some spirit kept in the plastic bag and other articles from the possession of the petitioners.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. Petitioners are not named in the FIR nor there is any recovery from their conscious possession. It is further submitted that the petitioners are ready to

Patna High Court Cr.Misc. No.11219 of 2016 (2) dt.03-05-2016 deposit an amount of Rs.15,000/- jointly in the court below which shall be subject to the final disposal of the case. On behalf of the State, it has been submitted that the petitioners are not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners shall deposit an amount of Rs.15,000/- jointly in the court below which shall be subject to the final disposal of the case and on doing so, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Parsauni P.S.Case No. 52 of 2012 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Sitamarhi, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) B.Kr./- U T