Sawan Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.37738 of 2015 (3) dt.06-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37738 of 2015 Arising Out of PS.Case No. -87 Year- 2015 Thana -BIHARIGANJ District- MADHEPURA ====================================================== Sawan Kumar Singh S/o Sanjay Kumar Singh @ Sanjay Singh R/o village - Madhukar Chak, P.S. Bihariganj, District - Madhepura .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sharda Nand Mishra For the Opposite Party : Mr. H.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-10-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 04.05.2015 in a case instituted under Sections 364 and 34 of the Indian Penal Code.

As per allegation, it is a case of kidnapping son of the informant on the point of weapon in order to demand ransom of Rs.2 lacs.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. He is in custody since 04.05.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner. It has been submitted that the petitioner has falsely been

Patna High Court Cr.Misc. No.37738 of 2015 (3) dt.06-10-2015 implicated in this case for oblique reason. There is no consistency in the evidence against the petitioner. There are different versions to the prosecution case. It is further submitted that the petitioner may be released after completion of nine months from 04.05.2015 and due to dirty village politics, the petitioner has been made accused in the present case.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, it is directed that the above named petitioner may be released on bail after completion of nine months in custody from 04.05.2015 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Ist Class, Judicial Magistrate, Madhepura in connection with Bihariganj P.S.Case No.87 of 2015, G.R.Case No.318 of 2015. (Sudhir Singh, J) B.Kr./- U T