Avani Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39524 of 2016 Arising Out of PS.Case No. -84 Year- 2016 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ======================================================
1. Phucho Singh Son of Late Ram Sagar Singh Resident of Village - Bikrampur, P.S- Cheriay Bariyar pur Dist- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.40834 of 2016 Arising Out of PS.Case No. -84 Year- 2016 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ======================================================
1. Avani Jha Son of Ram Nandan Jha, Resident of Village- Bikrampur, P.S. Cheriyabariyarpur, District- Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.39524 of 2016) For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Sri Ramchandra Singh (In Cr.Misc. No.40834 of 2016) For the Petitioner/s : Mr. Abhay Kumar Jha For the Opposite Party/s : Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 30-11-2016 Learned counsel for the petitioner is permitted to make necessary correction in prayer portion in Cr. Misc. No. 40834 of 2016.
Heard learned counsel for the petitioners and the State.
Patna High Court Cr.Misc. No.39524 of 2016 (3) dt.30-11-2016 2/3 The petitioner, Phucho Singh, is languishing in judicial custody since 22.05.2016 and petitioner, Avani Jha, is languishing in judicial custody since 10.06.2016 in connection with Cheria Bariarpur P.S.Case No. 84 of 2016 for the offence alleged under Sections 364A/34 of the Indian Penal Code. The prosecution case is that some accused persons came on motor cycle and kidnapped the minor son of the informant for ransom.
It has been submitted on behalf of the petitioners that the charge sheet has already been submitted against them, hence, there is no chance of tampering with the prosecution evidence. It has further been submitted that the victim boy has been recovered from the house of one Bimla Devi and has not named these petitioners. He further submits that co-accused, Lallan Kumar Singh, who was present in the house where the kidnapped boy was recovered has since been granted privilege of bail by a co-ordinate bench of this Court in Cr. Misc. No.30595 of 2016 dated 15.09.2016.
However, learned A.P.P. for the State opposes the prayer for bail.
Considering the facts and circumstances of the case and considering the submission of the parties, let above named
Patna High Court Cr.Misc. No.39524 of 2016 (3) dt.30-11-2016 3/3 petitioners be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Manjhaul (Begusarai) in connection with Cheriabariyarpur P.S.Case no. 84 of 2016. (Nilu Agrawal, J) singh/- U T