Bulta Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57964 of 2015 Arising Out of PS.Case No. -80 Year- 2015 Thana -SANHOLA District- BHAGALPUR ====================================================== Fago Singh Son of Dev Sagar Singh Resident of Village - Tarar, P.s.- Sonhaulla, District - Bhagalpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.731 of 2016 Arising Out of PS.Case No. -80 Year- 2015 Thana -SANHOLA District- BHAGALPUR ====================================================== Bulta Singh, Son of Jaidev Singh, resident of Village- Tarar, P.S.- Sanhaula, District- Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.57964 of 2015) For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. A.M.P.Mehta(App) (In Cr.Misc. No.731 of 2016) For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Shyam Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-02-2016 Both the criminal miscellaneous applications are of the same occurrence and, as such, have been heard together and are being disposed of by passing this common order. Heard learned counsel for the petitioners and the learned A.P.P. representing the State.
Petitioners seek bail in connection with Sanhaula P.S. Case No. 80 of 2015 registered for the offences punishable under
Patna High Court Cr.Misc. No.57964 of 2015 (3) dt.16-02-2016 2/3 Sections 147, 148, 149, 341, 349, 323, 327, 379, 307, 384, 386, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
Allegedly, the petitioners, other F.I.R. named accused persons and 3-4 unknown stopped the motorcycle of Kundan Kumar when he was going with Niranjan Kumar Yadav, Chandan Kumar and Viru Kumar and stated that why the informant had not paid ransom of Rs. 50,000/- and then they started assaulting the son of the informant and his associates and when the informant went there, all the accused persons started assaulting with Lathi, Danda and pistol and opened fire but due to assemblance of nearby people, they went away. Further, they took away mobile of Chandan Kumar.
Submission is of false implication and that the injuries received by all the persons are simple in nature. No fire arm injury has been received by any one, which is evident from the injury report attached with case diary, the informant has not stated regarding demand of ransom in his further statement and, as such, the petitioners who are suffering in custody since 30.10.2015 and 31.10.2015 respectively, deserve sympathetic consideration to which the learned A.P.P. opposes.
In the facts and circumstances stated above,
Patna High Court Cr.Misc. No.57964 of 2015 (3) dt.16-02-2016 3/3 considering the detention of the petitioners, now they are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Bhagalpur in connection with Sanhaula P.S. Case No. 80 of 2015, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.
(Jitendra Mohan Sharma, J) sushma/- U