Vicky @ Vicky Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51234 of 2014 Arising Out of PS.Case No. -206 Year- 2014 Thana -BEUR District- PATNA ======================================================
1. Chhote Lal Patel @ Rahul S/o Late Mohan Patel Resident of Village Hari Nagar (Nepali Tola), P.S. Ram Nagar, District West Champaran (Bihar). At present Village New Mahavir Colony, P.S. Beur, District Patna (Bihar). .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.8600 of 2015 Arising Out of PS.Case No. -206 Year- 2014 Thana -BEUR District- PATNA ======================================================
1. Vicky @ Vicky Patel son of Tarkeshwar Patel Resident of village Dighwara, P.S. - Dighwara, District - Chhapra. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.51234 of 2014) For the Petitioner/s : Mr. Kamlendra Pd. Singh For the Opposite Party/s : Mr. Uma Nath Mishra (App) (In Cr.Misc. No.8600 of 2015) For the Petitioner/s : Mr. Subesh Sharma For the Opposite Party/s : Mr. Amrendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-04-2015 Supplementary affidavit is filed on behalf of the petitioner.
Both the above stated petitions arise out of Beur P.S.Case No. 206 of 2014 registered under sections 302 /34 and 27 of the Arms Act and accordingly, both the above stated petitions are being disposed of by this common order.
Petitioners are named in the first information report but
Patna High Court Cr.Misc. No.51234 of 2014 (3) dt.20-04-2015 2/2 informant expressed his suspicion against the petitioners on the ground that 5 to 6 days prior to the alleged occurrence, a hot exchange of words had taken place between the petitioner in Cr. Misc. No.8600 of 2015 and deceased and the above stated petitioner had given threatening of dire consequences to the deceased.
Furthermore, I find at Para-31 of the case diary that in course of investigation, one Ranjit Kumar@ Bittu made his confessional statement in connection with Beur P.S.Case No. 22 of 2015 and in the said confessional statement, he confessed his involvement in the present crime also and disclosed that he got eliminated the deceased through some other persons. It is surprisingly enough that the Investigating Officer did not take any pain to record the statement of one Shanker Thakur, who had informed the informant about the alleged occurrence. Moreover, it appears that except suspicion there is nothing against these petitioners.
Accordingly, petitioners are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Beur P.S.Case No. 206 of 2014. (Hemant Kumar Srivastava, J) Namita/- U T