Sanjay Singh @ Mukhiya v. The State Of Bihar

Patna High Court Cr.Misc. No.38782 of 2014 (3) dt.20-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38782 of 2014 Arising Out of PS.Case No. -277 Year- 2013 Thana -GAURICHAK District- PATNA ======================================================

1. Sanjay Singh @ Mukhiya S/o Ram Deo Singh R/o Village- Kandap, P.S.- Gaurichak, District Patna.

.... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== with Criminal Miscellaneous No.7639 of 2015 Arising Out of PS.Case No. -277 Year- 2013 Thana -GAURICHAK District- PATNA ======================================================

1. Niraj Singh @ Ravi Kant Kumar

2. Dheeraj Singh@ Surya Kant Kumar Both are sons of Om Prakash Singh Resident of Village/Mohalla- Kandap, P.s. Gauri chak, District- Patna. .... .... Petitioners.

Versus

1. The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

(In Cr.Misc. No.38782 of 2014) For the Petitioner : Mr. Rewti Kant Raman, Advocate. For the State : Mr. Dr .M. K. Gautam, A.P.P. (In Cr.Misc. No.7639 of 2015) For the Petitioners : Mr. Ravi Ranjan, Advocate. For the State : Mr. Durgesh Nandan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 20-04-2015 Heard learned counsel for the petitioners and learned counsel for the State.

Two bail petitions are being heard together and disposed of by common order as two cases arise in connection with Gaurichak P.S. Case No. 277 of 2013, registered under Sections 147, 148, 149, 341, 342 and 302 of the Indian Penal Code as well as Section 27 of the Arms Act.

Though, the petitioners have been named in the First Information Report, but the informant is not eye witness to the

Patna High Court Cr.Misc. No.38782 of 2014 (3) dt.20-04-2015 occurrence. One witness Shailesh Singh informed to the informant that the murder of Narendra Singh has been committed. The evidence of Shailesh Singh in paragraph 78 of the case diary reveals that he has been seen the dead body only and the occurrence have been committed by unknown persons. It is alleged that petitioners and others were seen going towards the place of occurrence on a four wheeler variously armed. Learned counsel for the petitioners submits that, though, police submitted Final Form against petitioners Niraj Singh and Dheeraj Singh, but cognizance has been taken against them and charge sheet has been submitted. It is further submitted that investigation is still going on against Sanjay Singh, the petitioner in Cr. Misc. No. 38782 of 2014. It is further submitted that there is no direct or substantial evidence against these petitioners.

Having regard to the facts and circumstances of the case, the above named petitioners in the event of their arrest/surrender within a period of four weeks from the date of receipt of the order shall 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 the Additional Chief Judicial Magistrate/SubDivisional Judicial Magistrate, Patna City, Patna, in connection with Gaurichak P.S Case No. 277 of 2013, subject to condition as laid down under Section 438 (2) of Cr.P.C. Further condition that petitioners will appear on each and every date fixed in this case and any absence of the petitioners shall be subject to satisfaction of the court below on reasonable ground.

m.p.

(Gopal Prasad, J) U T