Shankar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7923 of 2015 Arising Out of PS.Case No. -139 Year- 2014 Thana -PIPRAHI District- SHEOHAR ====================================================== Anil Kumar Baitha @ Anil Kumar, S/o Rama Nand Baitha, resident of Village- Dhankaul, P.O- Dhankaul, P.S- Piprahi, Distt- Sheohar,. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== With Criminal Miscellaneous No.9014 of 2015 Arising Out of PS.Case No. -139 Year- 2014 Thana -PIPRAHI District- SHEOHAR ====================================================== Shankar Sah, Son of Nand Lal Sah, Resident of village - Bhoraha, P.O. Patahi, P.S. Belsand, District - Sitamarhi .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.7923 of 2015) For the Petitioner/s : Mr. Sunil Kumar Verma For the Opposite Party/s : Mr. Lalan Kumar(App) (In Cr.Misc. No.9014 of 2015) For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. R.P.S.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 10-04-2015 Both the applications arise out of Piprahi P.S. Case No.139/2014 registered for the offence punishable under Sections 384, 385, 387/34 of the Indian Penal Code, as such, they have been heard together and are being disposed of by this common order.
The allegation is that on 20.12.2014, the informant
Patna High Court Cr.Misc. No.7923 of 2015 (2) dt.10-04-2015 2/3 received a call on his mobile from unknown number to pay Rs.5,00,000/0 within five days. On search from various sources, the informant came to know that the said call was of Shankar Sah (petitioner), who runs a shop of SIM. Shankar Sah disclosed that he activated the SIM and was given to one Jha Ji of Puspanjali Telecom.
It is submitted on behalf of the petitioner Shankar Sah that he is a shopkeeper dealing with mobile phones. He has no criminal antecedent. No ransom has been paid to any one. He is in custody since 22.12.2014.
It is submitted on behalf of the petitioner Anil Kumar Baitha that during investigation, his name has appeared and it has been alleged that he has made confession before the police. He has criminal antecedent, but he has not been named in those cases. He is in custody since 30.12.2014. However, after investigation, charge sheet has already been submitted against the petitioner. Considering the facts and circumstances of the case, let the above-named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sheohar/court concerned in Piprahi P.S. Case No. 139/2014 after framing of charge with the following conditions :
Patna High Court Cr.Misc. No.7923 of 2015 (2) dt.10-04-2015 3/3 1.
One of the bailors will be the close relative of the petitioners.
2.
The petitioners will not indulge in similar or in any other offence.
3.
The petitioners will be well represented in the court.
4.
In case of absence for two consecutive dates or in violation of the terms of the bail, their bail bond will be liable to be cancelled by the court concerned.
(Amaresh Kumar Lal, J) V.K. Pandey/- U T