Gulshan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2375 of 2016 Arising Out of PS.Case No. -755 Year- 2014 Thana -KHAZANIHAT District- PURNIA ======================================================
1. Gulshan Singh son of Silbhadra Singh resident of Village Ganesh Nagar Tatma Tola, Police Station- Sahayk K. Hat, District- Purnea. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vikram Singh For the Opposite Party/s : Mr. M.Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-03-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the offences punishable under sections 379, 364(A), 364, 120C, 302/411 of the Indian Penal Code.
An auto rickshaw bearing No. BR 114/4492 was taken on hire and driver Md. Rozid went with that unknown passenger and when the auto rickshaw did not return, the informant called the said passenger but his mobile phone was found switched off and thereafter from mobile Nos. 08759780901 and 09576070978 ransom of Rs. One lac was demanded for releasing the said rickshaw with driver. However, during search the auto rickshaw was found lying near a Dhaba at Madpur which was within Dalkhola police station and again the informant received a phone on mobile No. 08759780901 causing threats that
Patna High Court Cr.Misc. No.2375 of 2016 (3) dt.11-03-2016 he got the auto rickshaw but lost the driver. During investigation, the dead body of the driver was recovered and co-accused Kanhai was caught with illegal fire arm and he confessed his guilt and from his possession mobile bearing No. 9576070978 was recovered through which a ransom was demanded and he disclosed the name of the petitioner and others. Submission is of false implication and besides the confessional statement of co-accused Kanhai, there is nothing against the petitioner, charge-sheet has already been submitted without any cogent and legal material and the petitioner is suffering in custody since 29.04.2015 and in this case similarly situated co-accused Ajay Sharma has been allowed bail and as such the petitioner also deserves sympathetic consideration. The learned A.
P.P. opposed the prayer while submitting that the petitioner has got criminal antecedent. In the facts and circumstances of the case stated above, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with K. Hat P.S. Case No. 755 of 2014.
(Jitendra Mohan Sharma, J) Amin/- U