Sanjay Kumar Sharma @ Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1194 of 2018 Arising Out of PS.Case No. -364 Year- 2017 Thana -RAMPUR District- GAYA ====================================================== Ranjan Kumar S/o Rajesh Singh, R/o Village- Rasalpur, P.S.- Abipur, District- Gaya.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.1325 of 2018 Arising Out of PS.Case No. -364 Year- 2017 Thana -RAMPUR District- GAYA ====================================================== Sanjay Kumar Sharma @ Sanjay Kumar son of Tuni Sharma resident of village - Rampur, P.S. - Ghoshi, District - Jehanabad. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.1194 of 2018) For the Petitioner/s : Mr. Nagendra Kumar Singh For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan (In Cr.Misc. No.1325 of 2018) For the Petitioner/s : Mr. Binod Bihari Sinha For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners, who are in custody, seek bail in connection with Rampur P.S. Case No. 364 of 2017 registered for the offence punishable under Sections 364/34 of the Indian Penal Code.
Informant is a Director of N.E.S.F.H. Consultancy and Service Pvt. Ltd. in his written report has stated that he used to supply the books and one months ago, Sunil Kumar @ Uday Shankar contacted him on mobile for supply of books and ordered for 2500 sets book of Rs. 22,00,000/- for giving of Rs. 1200000/- Sunil Kumar called the informant at Barhi, Jharkhand, when the informant reached Barhi then Sunil Kumar contacted him on mobile. After some time a Scorpio without number plate whose driver was Sanjay Kumar (Petitioner) alongwith Rakesh Kumar reached there and told that Sunil Bhaiya is calling him in a line Hotel. The informant proceeded with them and reached toll Plaza where he noticed that Sunil Kumar and Ranjan Kumar (Petitioner) were standing beside the road.
All persons sat in the Scorpio and was driving rashly then Sunil Kumar told him that he will give advance at Dhanarua. The informant became suspicious that all the persons have kidnapped him then he sent message to his friend from his own mobile. During the course of checking police apprehended all the persons then informant narrated whole story to the police. It is also alleged that in the year 2015 Ranjan Kumar had contacted for 10 machines for preparation of Smart Card cost of Rs. 7,50,000/- but did not took away any machine, resultantly he sustained loss of Rs.
not contact him since last two years.
Learned counsel for the petitioner submitted that they are innocent and have been falsely implicated in this case. It has been further submitted that petitioner Sanjay Kumar has no concern with the informant and this petitioner is the owner and driver of the Scorpio in question and he does not carry any criminal record. It has been further submitted that both the petitioners are resident of different places and no relation with each other and from perusal of the FIR it appears that petitioner Ranjan Kumar and informant are known to each other since long time as contained in Annexure -2. It has been further submitted that they have no criminal antecedent and they are in custody since 04.11.2017.
Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Gaya, in connection with Rampur P.S. Case No. 364 of 2017. (S. Kumar, J) veena/- U T