Dhananjay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39353 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- MAHESI District- East Champaran ====================================================== 1.
Dhananjay Singh, aged about 26 years (M), Son of Shambhu Singh, Resident of Village- Jalil Nagar, P.S.- Paroo, District- Muzaffarpur. 2.
Vijay Kumar, aged about 25 years (M), Son of Sukeshwar Das, Resident of Village- Jalil Nagar, P.S.- Paroo, District- Muzaffarpur. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Hari Kishore Thakur, Advocate.
For the Opposite Party :
Mr.Nawal Kishore Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-06-2019 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are languishing in custody since 24.01.2019 in a case for the offence registered under Sections 412, 413, 414 of the IPC, 25(1-b), 26 and 35 of the Arms Act. The prosecution story, in brief, is that on information that a Truck has been robbed, the police intercepted a Truck, wherein three persons including the driver were found present. Subsequently, during frisking, from the possession of coaccused Mithilesh Kumar, one loaded country made pistol and
Patna High Court CR. MISC. No.39353 of 2019(2) dt.27-06-2019 2/3 two live cartridges were recovered and from the possession of co-accused Sandeep Kumar Chaurasiya, one country made pistol alongwtih two cartridges were recovered whereas from the possession of the co-accused, Sahim, one Mobile Phone was recovered. It is alleged against the petitioners that they were escorting the robbed Truck with a Car and on demand, the petitioners failed to produce the relevant papers of Car and admitted that the Car was stolen one.
It has been submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in the present case. Charge sheet/ prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. There is no recovery of arms from possession of the petitioners. The petitioners were co-passengers in the car in question. They had no knowledge regarding the alleged occurrence. On behalf of the State, it is submitted that the petitioners are named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioners above named, 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 learned
Patna High Court CR. MISC. No.39353 of 2019(2) dt.27-06-2019 3/3 A.C.J.M. 6th, Motihari (East Champaran), in connection with Mehsi P.S. Case No. 23/19.
U.K./- (Sudhir Singh, J) U T