Daroga Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46792 of 2016 Arising Out of PS.Case No. -319 Year- 2016 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== Satendra Singh, Son of Sri Bishwanath Singh, Resident of Village- Mathuri Tola, P.S. Dehri, District- Rohtas.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.50084 of 2016 Arising Out of PS.Case No. -319 Year- 2016 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== Daroga Kumar Son of Sri Bharat Paswan, Resident of Village:- Mathuri (Dakhin Tola) P.O. & P.S.- Dehri (Town), District- Rohtas. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.46792 of 2016) For the Petitioner/s : Mr. Brajesh Tiwary For the Opposite Party/s : Smt Indu Kumari Srivastava (In Cr.Misc. No.50084 of 2016) For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta For the Opposite Party/s : Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-12-2016 Both the above stated petitions have arisen out of
Patna High Court Cr.Misc. No.46792 of 2016 (3) dt.08-12-2016 2/3 Dehri (T) P.S. Case No. 319 of 2016 registered for the offences punishable under Sections 302/34 of the Indian Penal Code, Section 27 of the Arms Act and accordingly, both the above stated petitions are being disposed of by this common order. Heard learned counsels for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are named in the first information report and it appears from perusal of the first information report as well as case diary that two circumstances emerged out against these petitioners. Firstly, the informant claimed that petitioners and two others took the deceased from his house and secondly, informant as well as her mother in law claimed that when they reached on the place of occurrence, they saw petitioners and other accused fleeing from there. Admittedly, none has seen the actual killing of the deceased.
Submission on behalf of the petitioners is that petitioners have been implicated in this case due to village politics as well as previous enmity. The investigation against the petitioners has already been completed.
Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that petitioners do not have any criminal antecedent, let the
Patna High Court Cr.Misc. No.46792 of 2016 (3) dt.08-12-2016 3/3 petitioners, above named, 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 Sub Divisional Judicial Magistrate, Dehri-on-Sone, Rohtas in connection with Dehri (T) P.S. Case No. 319 of 2016.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T