Shahrukh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8342 of 2015 Arising Out of PS.Case No. -85 Year- 2014 Thana -MOHAMMADPUR District- GOPALGANJ ======================================================
1. Shahrukh S/o Mukhtar @ Mukhtar Shah Resident of Village - Chailaha Tal, P.S. - Banjariya, District - West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.8728 of 2015 Arising Out of PS.Case No. -85 Year- 2014 Thana -MOHAMMADPUR District- GOPALGANJ ======================================================
1. Sudish Kumar son of Shambhu Sahani, resident of villageRaghunathpur, P.S.- Turkaulia, District- East Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.8342 of 2015) For the Petitioner/s : Mr. Sunil Kumar No. For the Opposite Party/s : Mr. Shardanand Jha(APP) (In Cr.Misc. No.8728 of 2015) For the Petitioner/s : Mr. Pramod Ranjan For the Opposite Party/s : Mr. M.Dayal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-04-2015 Heard learned counsel for the petitioners and the learned Additional Public Prosecutor appearing on behalf of the State.
The petitioners seek regular bail in a case registered for the offences punishable under Sections 399, 402, 414, 420
of the Indian Penal Code and Section 25 (1-B) A, 26 and 35 of the Arms Act.
Learned counsels for the petitioners have made two fold submissions. Firstly, he submits that from the possession of the petitioner of Cr. Misc. No. 8342 of 2015( (Shahrukh) only cell phone has been recovered, whereas from the possession of petitioner of Cr. Misc. No. 8728 of 2015 ( Sudish Kumar), one live cartridge and two cell phones have been allegedly recovered.
He further submits that the petitioners have been falsely implicated and they do not have any criminal antecedents. He has secondly, submitted that from the possession of Nitish Kumar and Tinku Kumar, katta was recovered and they have been granted bail by orders of this Court dated 18.12.2014 passed in Cr. Misc. No. 50474 of 2014 ( Nitish Kumar Vs. State of Bihar) and order dated 12.1.2015 passed in Cr. Misc. No. 1022 of 2015 ( Tinku Kumar Vs. State of Bihar).
In view of the submissions as above, let above named petitioners be enlarged 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 the learned ACJM, Gopalganj in connection with Mohammadpur P.S. Case No. 85 of 2014.
(Chakradhari Sharan Singh, J) ArunKumar/- U