Jama Khan And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.51238 of 2017 (2) dt.09-11-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51238 of 2017 Arising Out of PS.Case No. -416 Year- 2017 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================
1. Jama Khan son of Murtuja Khan resident of Village- Chainpur, P.S. Chainpur, District Kaimur at Bhabua.
2. Guru Singh son of Ram Murat Singh, resident of Village- Shivpur, P.S. Bhabua, District Kaimur at Bhabua.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 09-11-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Mohania Police Station Case No. 416 of 2017, G.R. No. 1776 of 2017 disclosing offences under Sections 418, 419, 420, 384 and 34 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, altogether 28 persons have been named in the F.I.R. and these petitioners have been named in this case on the basis of confessional statement of co-accused, Manoj Kumar Sah. Except the confession of the co-
Patna High Court Cr.Misc. No.51238 of 2017 (2) dt.09-11-2017 accused, no cogent material has come against the petitioners during course of the investigation. Moreover, co-accused, Manoj Kumar Gupta and Arvind Singh @ Munna Singh and also Mukesh Kumar Singh @ Mukesh Singh and Raju Singh having more or less similar allegations have already been granted anticipatory bail by different Benches of this Court in Cr. Misc. No. 44082 and 2017 and Cr. Misc. No. 43048 of 2017 respectively. Hence, the petitioners deserve the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released 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 Chief Judicial Magistrate, Kaimur at Bhabhua, in connection with Mohania Police Station Case No. 416 of 2017/ G.R. No. 1776 of 2017 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U T