Patna High CourtCR. MISC./50274/2014bail granted

Shiv Shankar Mahto v. The State Of Bihar

2015-03-25Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.50274 of 2014 (3) dt.25-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50274 of 2014 Arising Out of PS.Case No. -37 Year- 2014 Thana -SURSAND District- SITAMARHI ======================================================

1. Shiv Shankar Mahto son of Siya Ram Mahto .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.51095 of 2014 Arising Out of PS.Case No. -37 Year- 2014 Thana -SURSAND District- SITAMARHI ======================================================

1. Bhola Rai son of Late Ram Prakash Rai .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.50274 of 2014) For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Prem Kumar Jha(App) (In Cr.Misc. No.51095 of 2014) For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. P.N.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 25-03-2015 Both the above stated petitions have arisen out of Sursand P.S. Case No. 37 of 2014 registered for the offence punishable under Section 394 of the Indian Penal Code and accordingly, both the above stated petitions are being disposed of by this common order.

Heard learned counsels for the petitioners as well as learned Additional Public Prosecutor for the State.

Patna High Court Cr.Misc. No.50274 of 2014 (3) dt.25-03-2015 Petitioners are not named in the first information report but in course of investigation, some witnesses claimed to have seen the petitioners fleeing on motorcycle and except the aforesaid material as well as confessional statement and criminal antecedent, there is nothing against the petitioners. Moreover, petitioners are in jail custody since long but up till now they have not been put on Test Identification Parade.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners 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 Chief Judicial Magistrate, Sitamarhi in connection with Sursand P.S. Case No. 37 of 2014.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T