Kundan Kumar Shahi @ Sonu And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3864 of 2015 Arising Out of PS.Case No. -1824 Year- 2012 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================
1. Kundan Kumar Shahi @ Sonu Son of Nagendra Pd Sahi resident of village- Harka Manshahi, P.S. Meenapur, District- Muzaffarpur.
2. Ranjeet Kumar Singh son of Arun Kumar Singh resident of village - Narwara, P.S- Tariyani, District- Shivhar.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arbind Kumar Sharma For the Opposite Party/s : Mr. Uday Pratap Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-05-2015 The petitioners are apprehending their arrest in connection with Minapur P.S. Case No. 178 of 2012 instituted under Sections 166, 392 and 379 of the Indian Penal Code. Heard learned counsel for the petitioners and the State. The prosecution story, in brief, is that on 27.6.2012 at 5 P.M. while the complainant was coming from Minapur Sub Post Office taking Fifty Thousand rupees for depositing at Raghai Branch Post Office, petitioner no. 1 showed pistol towards the informant and petitioner no. 2 snatched the money from the Dickey of the motorcycle and fled away. The matter was reported to the police and the police apprehended one of the culprits and was brought to the Police Station while the informant was asked
Patna High Court Cr.Misc. No.3864 of 2015 (3) dt.14-05-2015 2/3 to come on the next date. On the next day the SHO stated that the money has been recovered but the full amount will not be given to him and rest money shall be kept by him for which the informant did not agree, on which the informant was ousted from the police station and a final form was submitted. But on protest process has been issued against the two accused persons and the police officials.
It has been submitted on behalf of the petitioners that they have falsely been implicated in this case due to village politics. It has been further submitted that the allegations made against the petitioners are false and fabricated. It is also submitted that police report submitted in the present case has been produced in the case, the same is numbered as 222 of 2012 dated 22.8.2012 stating that police has found the case to be false. On behalf of the State, it has been submitted that the petitioners are named in the complaint petition. Considering the fact that the police has found the case to be false, after instituting the case under Section 156(3) Cr.P.C, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, 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
Patna High Court Cr.Misc. No.3864 of 2015 (3) dt.14-05-2015 3/3 satisfaction of learned C.J.M., Muzaffarpur in connection with Minapur P.S. Case No. 178 of 2012 (Complaint Case No. 1824 of 2012), subject to the conditions as laid down u/s 438(2) Cr.P.C. The police report submitted in the present case produced by the Counsel for the petitioners is kept on record. (Sudhir Singh, J) singh/- U