Patna High CourtCR. MISC./15670/2016bail granted

Sonu Rai @ Sonu Rao And ANR v. The State Of Bihar

2016-04-19Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15670 of 2016 Arising Out of PS.Case No. -432 Year- 2015 Thana -CHAPRA TOWN District- SARAN ======================================================

1. Sonu Rai @ Sonu Rao son of Mithu Rao, resident of Village New Indra Nagar (Naggiri Ujjain) P.S. Madhaw Nagar, District- Ujjain (M.P.)

2. Bhagwan Singh son of Raghunath Singh, resident of Village- Bajrang P.S. Makshi, District- Sajapur (M.P.) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Smt. Anuradha Singh For the Opposite Party/s : Mr. Gopesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-04-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered for the offences punishable under Sections 399, 400, 401, 420 of the Indian Penal Code and Sections 25(1-B), 26, 35 of the Arms Act. Petitioners and some others were caught while they were found sitting in a pick up van. Five live cartridges are said to have been recovered from conscious possession of petitioner no. 1 whereas one loaded katta is said to have been recovered from conscious possession of petitioner no. 2. The informant claims that petitioners and their associates had assembled to make preparation for committing dacoity.

Patna High Court Cr.Misc. No.15670 of 2016 (2) dt.19-04-2016 2/2 Submission on behalf of the petitioners is that nothing had been recovered from their conscious possession and as a matter of fact, petitioners were apprehended on mere suspicion and they are languishing in jail custody since 17.12.2015.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind that petitioners do not have any criminal antecedent which has specifically been pleaded at para-3 of the petition, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Chapra, Saran in connection with Chapra Town P.S. Case No. 432 of 2015, subject to condition that one of the sureties must be holder of landed property.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T