Golu Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 42403 of 2014 Arising Out of PS.Case No. -113 Year- 2014 Thana -DUMRAUN District- BUXAR ====================================================== Golu Pandey son of Thakur Dayal Pandey, resident of village- Asha Padari, P.S. - Simri, District - Buxar.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No. 42738 of 2014 Arising Out of PS.Case No. -113 Year- 2014 Thana -DUMRAUN District- BUXAR ====================================================== Guddu Ansari @ Fariyad Alam @ Fariyad Ansari Son of China Miyan Resident of Village - Pailadih Parari, P.S.- Simri, Distt - Buxar .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.42403 of 2014) For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Shailendra Kumar 2(App) (In Cr.Misc. No.42738 of 2014) For the Petitioner/s : Mr. Digvijay Kumar Ojha For the Opposite Party/s : Mr. A.M.P.Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.
18-03-2015 Since in both the aforesaid petitions, petitioners are in custody in Dumraon P.S. Case No. 113 of 2014, both the cases were taken up together and are being disposed of by this common order.
In the case, an F.I.R., vide Dumraon P.S. Case No. 113 of 2014 was registered for offence under Sections 392 and
Patna High Court Cr.Misc. No.42403 of 2014 (4) dt.18-03-2015 2/3 411 of the Indian Penal Code against unknown persons. It was submitted by learned counsel for petitioners that name of petitioners had come on the basis of confession made by one of the co-accused namely Hem Babu Gond and thereafter, both the petitioners were apprehended and showing confessional statement of the petitioners before the police, recovery of some articles were shown. It was argued that no looted articles of the present case were recovered from possession of the petitioners. Learned counsel for petitioners has argued that the person, who had named the petitioners, has already been granted bail by a bench of this Court on 10-02-2015, vide Cr. Misc. No. 5385 of 2015. He submits that even on confession made by Hem Babu Gond before the police, one motorcycle was recovered, but since the said motorcycle was not related with the present case, this Court had granted bail to co-accused.
Keeping in view the fact that in similar circumstances, co-accused has already been granted bail, vide Cr. Misc. No. 5385 of 2015, there is no reason to deny the prayer for bail of both the petitioners.
Accordingly, aforesaid petitioners namely Golu Pandey and Guddu Ansari @ Fariyad Alam @ Fariyad Ansari are directed to be released on bail on furnishing bail-bonds of Rs.
Patna High Court Cr.Misc. No.42403 of 2014 (4) dt.18-03-2015 3/3 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistate, Buxar in connection with Dumraon P.S. Case No. 113 of 2014 on a condition that one of the bailor must be blood relation of the petitioners.
(Rakesh Kumar, J.) Anay/- U T