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Patna High CourtCR. MISC./49367/2016allowed

Sanjay Kumar @ Sanjay And ANR v. The State Of Bihar

2017-01-17Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49367 of 2016 Arising Out of PS.Case No. -313 Year- 2016 Thana -PHULWARI District- PATNA ======================================================

1. Sanjay Kumar @ Sanjay Son of Late Rajendra Prasad,

2. Kishan Kumar @ Kishan S/o Late Dariya Both r/o R. Block P.S. Kotwali Distt. Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-01-2017 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners seek bail in connection with Phulwarisharif P.S. Case No. 313 of 2016 registered under Sections- 399/402 Indian Penal Code and section 25 (1-b)a/36, 35 of the Arms Act.

It is alleged that on the information that 5-6 persons are making plan for committing dacoity, police rushed to the spot but all fled away except on Harun Kumar @ Banti who was apprehended on the spot from whose possession a loaded country made pistol and one cartridge, two knives, two silver ring was recovered. He disclosed the name of these petitioners.

Patna High Court Cr.Misc. No.49367 of 2016 (3) dt.17-01-2017 2/2 Learned counsel for the petitioners submits that petitioners have been falsely implicated in this case on the confessional statement of Harun Kumar. Learned counsel submits that accused- Harun Kumar has been granted bail by this Court vide order dated 20.10.2016 passed in Cr. Misc. No. 43127 of 2016.

Considering the facts and circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Seema Iron, Judicial Magistrate, 1st Class, Patna in connection with Phulwarisharif P.S. Case No. 313 of 2016. (Arvind Srivastava, J) Manish/- U T