Munna @ Nirbhay Kumar Singh@Nirbhay Singh v. The State Of Bihar
Patna High Court Cr.Misc. No.28765 of 2015 (2) dt.05-08-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28765 of 2015 Arising Out of PS.Case No. -613 Year- 2010 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================
1. Munna @ Nirbhay Kumar Singh@ Nirbhay Singh Son of Shankar Singh resident of Village - Baijalpur Jamuni, Police Station - Sonpur, District - Saran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Shri Madan Jeet Kumar For the Opposite Party/s : Shri Subash Chandra Mishra(App) ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 05-08-2015 Heard.
The petitioner is not named in the FIR of Hajipur Town P.S.Case No.613 of 2010 under Sections 394, 411 of the Indian Penal Code and Sections 25, 26 and 27 of the Arms Act as also Sections 3 and 4 of the Explosive Substances Act. The prayer for bail of the petitioner has been rejected by the learned Additional Sessions Judge-II, Vaishali at Hajipur by taking into account the period of custody of other accused and then comparing that of this petitioner with that period. The court is constraint to observe that such periods could not be considered for refusing the legitimate prayer of the petitioner. The petitioner is not named in the FIR and there is no recovery either from him nor he appears implicated by any witness on account of having been
Patna High Court Cr.Misc. No.28765 of 2015 (2) dt.05-08-2015 identified. In addition to the above one Birju @ Birendra has been admitted to bail by a Bench of this Court in Cr.Misc.No.33899 of 2011.
Let the above named petitioner 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 CJM, Vaishali at Hajipur in the above noted case.
(Dharnidhar Jha, J) Saif/-Brajesh U T