Monu Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43605 of 2016 Arising Out of PS.Case No. -239 Year- 2016 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ======================================================
1. Monu Kumar son of Nand Kishor
2. Amit Kumar son of Rajendra Yadav
3. Pappu Choudhary son of Ram Awadhesh Choudhary All R/o Vill. Balgobind Bigha, P.S. Dehri, District - Rohtas. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwary For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Dehri (T) P.S. Case No. 239 of 2016 registered under Sections 341, 342, 323, 379, 365 and 387/34 of the Indian Penal Code.
The allegation is that on 09.05.2016 in the morning, when the informant along with his associates Bira Lal, Arvind Kumar and Ranjit Kumar proceeded with cash Rs. 4,50,000/- from Balu Ghat, suddenly near Thana Chowk five accused, including the petitioners and 10-12 unknown stopped his Scorpio vehicle and he was dragged by them. When Bira Lal Singh rushed to save him, he was assaulted by Amit Kumar through stick on his head. In that course, petitioner Monu Kumar took cash Rs. 4,50,000/-
Patna High Court Cr.Misc. No.43605 of 2016 (2) dt.18-10-2016 2/2 from the dickey and also his mobile phone. At that time, informant was boarded on motorcycle and taken at the bank of Sone river where 10-12 persons were already there. Thereafter, petitioner Monu Kumar asked to carry him in Sone river through boat. In the meantime, 7 persons reached there raising alarm then they fled away leaving him alone.
Learned counsel appearing on behalf of the petitioners submits that in fact, petitioners are business partner of the informant and due to dispute of accounting, this false case has been lodged against the petitioners. In course of investigation, this fact has also been surfaced in the supervision report of the Superintendent of Police.
Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Bikramganj in connection with Dehri (T) P.S. Case No. 239 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C. Shail/- (Rajendra Kumar Mishra, J) U T