Fekan Baitha And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12017 of 2016 Arising Out of PS.Case No. -242 Year- 2013 Thana -PARIHAR District- SITAMARHI ======================================================

1. Fekan Baitha,

2. Ramnath Baitha Both sons of Mahendra Baith Both resident of VillageLaptaha, Police Station- Parihar, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. C.Sen Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-03-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are named in the first information report along with others with accusation that they committed loot and in that course, assaulted the informant. In course of investigation, the informant and some other witnesses supported the prosecution story but, admittedly, petitioners are co-villagers of the informant and no articles has been recovered from their conscious possessions. So far as recovery of motorcycle is concerned, according to the prosecution case itself, motorcycle had not been looted .

The contention on behalf of the petitioners is that the

Patna High Court Cr.Misc. No.12017 of 2016 (2) dt.17-03-2016 2/2 petitioners have been named in this case on account of enmity and village politics and, as a matter of fact, some unknown criminals had committed loot but taking advantage of the aforesaid incident, the informant named the petitioners and others due to previous dispute and enmity. It is further submitted that moreover, one coaccused Jang Bahadur has already been granted privilege of bail by co-ordinate Bench of this Court.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners, above named, 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 Judicial Magistrate, 1st class, Sitamarhi in connection with Parihar P.S.Case No. 242 of 2013. (Hemant Kumar Srivastava, J) N.K/- U T