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Patna High CourtCR. MISC./18845/2015bail granted

Pairu Rajak v. The State Of Bihar

2015-06-11Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16570 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -JAMUI District- JAMUI ======================================================

1. Yogendra @ Yogiya Thakur Son of Bishun Deo Thakur, Resident of Village - Daini Kharh, P.S. - Khaira, District - Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.18845 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -JAMUI District- JAMUI ======================================================

1. Pairu Rajak Son of Late Chhotelal Rajak, Resident of Village - Charaiya, P.S. - Sono (Charkapathar), District - Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.19896 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -JAMUI District- JAMUI ======================================================

1. Bukkan Mian Son of Late Jamman Mian Resident of village- chankito, P.s Khaira, District- Jamui.

2. Jeeba Ansari Son of Badru Mian Resident of Village- Chilli, P.s Khaira, District Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.21742 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -JAMUI District- JAMUI ======================================================

1. Surendra Rajak Son of Rajendra Rajak Resident of village - Tirmohan, Police Station - Ghosbari, District - Patna .... .... Petitioner/s

Versus

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

Patna High Court Cr.Misc. No.16570 of 2015 (2) dt.11-06-2015 Appearance :

(In Cr.Misc. No.16570 of 2015) For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Aditya Nr. Singh1 (App) (In Cr.Misc. No.18845 of 2015) For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Binod Kumar 2 (App) (In Cr.Misc. No.19896 of 2015) For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Rina Sinha(App) (In Cr.Misc. No.21742 of 2015) For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Smt.Pushpa Sinha - 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-06-2015 Since all these four bail applications arise out of one and the same P.S. case, they have been heard together and are being disposed of by this common order.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are in custody in connection with Jamui P.S. Case No. 07 of 2015 for the offences instituted under sections 364, 511, 120(B) of the Indian Penal Code and section 25(1-b)A, 26, 27 of the Arms Act.

The prosecution story, in brief, is that the Officer-in-charge of Jamui police station lodged an F.I.R. on the basis of his own statement alleging therein that the Superintendent of Police, Jamui got an information on his mobile that some criminals are planning to kidnap a doctor. On getting this information the police personnel began patrolling during which he found some persons in a vehicle assembled at a suspicious place.

Patna High Court Cr.Misc. No.16570 of 2015 (2) dt.11-06-2015 When the police tried to apprehend them, some of the accused persons succeeded in fleeing away. The accused persons who were apprehended, from their possession arms were recovered. It has been submitted on behalf of the petitioner that on a mere perusal of the first information report itself it would appear that, in fact, no one has been abducted in the present case. The only allegation that has been made is that the accused persons were planning to abduct a person. Further it is submitted that the petitioners have no criminal antecedent and they are in custody since 16.01.2015 and 11.01.2015 respectively. On behalf of the State it has been submitted that from perusal of the F.I.R. admittedly no person has been abducted.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released 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 Chief Judicial Magistrate, Jamui in connection with Jamui P. S. Case No. 07 of 2015.

(Sudhir Singh, J) Amin/- U