Shiv Shankar Kumar And ANR. v. The State Of Bihar
Patna High Court Cr.Misc. No.26971 of 2015 (3) dt.24-09-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26971 of 2015 Arising Out of PS.Case No. -125 Year- 2014 Thana -GHOSI District- JEHANABAD ======================================================
1. Shiv Shankar Kumar Son of Sidheshwar Mahto
2. Binu Kumar Son of Sidheshwar Mahto Both resident of village - Serthuya Khurd, P.S. Khudaganj, District - Nalanda .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Ranjay Kumar Singh For the Opposite Party : Mr. Sanjay Kumar Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-09-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 394 of the Indian Penal Code. It is alleged by the informant that on 07.05.2014 at about 9.30 while the informant was returning from a barat party by his motorcycle to his village and as soon as he reached near Chiri More, all of sudden three unknown miscreants are said to have stopped his motorcycle and started to beat him up and they have snatched his motorcycle, mobile set and wrist watch on the point of deadly weapon and he was brought at Telhara for medical treatment.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no
Patna High Court Cr.Misc. No.26971 of 2015 (3) dt.24-09-2015 recovery from the possession of the petitioners. The name of the petitioners has come merely on the basis of confession of a coaccused. Except for that, there is no other substantive piece of evidence to implicate the petitioners in the present case. On behalf of the State, it has been submitted that the petitioners are named in the FIR.
Considering the aforesaid facts, 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 satisfaction of learned SDJM, Masaurhi, Jehanabad in connection with Ghosi P.S.Case No.125 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sudhir Singh, J) B.Kr./- U T