Sanjay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59215 of 2018 Arising Out of PS. Case No.-54 Year-2014 Thana- AMBA District- Aurangabad ====================================================== Sanjay Singh, S/o Late Mukhan Singh, R/o Village- Ganu, P.S.- Tandwa, District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Singh, Advocate.
For the Opposite Party/s :
Mr. Ramchandra Sahani, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-11-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Amba P.S. Case No. 54 of 2014 instituted for the offence under Sections 147, 148, 149, 452, 436, 427, 380, 504, 506 of the Indian Penal Code, Section 3⁄4 of Explosive Substance Act and Section 17 of CLA Act.
In the written report it is alleged that while informant along with her husband and son was going to take dinner, 1520 persons dressed in black uniform armed with rifle and other weapons entered into the house of the informant. All the miscreants told that they have come to explode the house of the informant. It is further alleged that 10-15 other miscreant (Maoist) entered into premises of the informant after scaling boundary and asked her and her family to leave the house. The
Patna High Court Cr.Misc. No.59215 of 2018(3) dt.26-11-2018 2/3 miscreants took away the ornaments, clothes and cash of Rs.15,000/- kept in box and forcibly ousted the inmates from the house. The miscreants started throwing burnt cycle tires and set the Motorcycle on fire. They also took Mobiles from son, daughter and sister-in-law of the informant. It is further alleged that the miscreants told that they all have to fix bomb in the house. The miscreants took the informant and his family members near Peeple tree situated in west of the house. The informant saw 100-150 miscreants all dressed in black spotted uniform standing there. Thereafter, the informant saw the fire coming out from the house and heard sound of explosion in the house.
The miscreants asked the informant and her family members not to enter into the house because further in five hours the bombs which have been fitted in the house of the informant will blast. All miscreants thereafter raised slogan and gave Parcha and fled away in western direction. Counsel for the petitioner submits that petitioner is neither named in the written report nor any Test Identification Parade has been held. Counsel for the petitioner further submits that during course of investigation, no other material has come against the petitioner implicating him in the present case.
Patna High Court Cr.Misc. No.59215 of 2018(3) dt.26-11-2018 3/3 Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Amba P.S. Case No. 54 of 2014, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T