Baban Kumar @ Baban Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26073 of 2020 Arising Out of PS. Case No.-91 Year-2019 Thana- HASPURA District- Aurangabad ====================================================== 1.

BABAN KUMAR @ BABAN SINGH Son of Rahesh Mahto @ Haresh Mahto @ Rakesh Resident of Village- Sitaldhari Chak, P.S.- Deokund, District- Aurangabad.

2.

Rahesh Mahto @ Haresh Mahto @ Rahesh Son of Late Sheo Narayan Mahto Resident of Village- Sitaldhari Chak, P.S.- Deokund, DistrictAurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-10-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 395/397 of the Indian Penal Code.

The prosecution case, in short, is that in the night of 20/21-07-2019, the accused persons entered the house of the

Patna High Court CR. MISC. No.26073 of 2020(2) dt.13-10-2020 2/2 informant and and on the gun point, looted ornaments and cash. It has been submitted on behalf of the petitioners that the petitioner No. 2 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 11-02-2020. Charge sheet in this case has already been submitted. The petitioners have been falsely implicated in the present case due to previous enmity. No looted articles are said to have been recovered. It has further been submitted that the petitioners may be released after completion of nine months in custody. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that after completion of nine months in custody, the 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 learned Chief Judicial Magistrate, Aurangabad in connection with Haspura P.S. Case No. 91 of 2019.

(Sudhir Singh, J) A.K.V.//- U T