Jitendra Singh And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.30359 of 2014 (2) dt.20-01-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30359 of 2014 Arising Out of PS.Case No. -46 Year- 2014 Thana -CHAPRA MUFFASIL District- SARAN ======================================================
1. Jitendra Singh S/o Nageshwar Singh
2. Bajrangi Singh Son of Raju Singh
3. Govind @ Govind Kumar Son of Late Bhanulal Sah All resident of village- Dahiyawan Jagdamba Mandir, P.S.- Chapra Town, District- Saran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Opposite Party/s : Mr. Anish Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-01-2015 Heard learned counsel for the petitioners and learned counsel representing the State.
Petitioners apprehend their arrest in connection with Chapra Muffasil P.S. Case No. 46 of 2014 registered for the offences punishable under Sections 272, 273, 406, 419, 420, 120B/34 of the Indian Penal Code, Section 20/22 of the Narcotic Drugs & Psychotropic Substances Act, Section 47 (a) of Excise Act and Section 11 of Gambling Act.
Allegedly, a raid was conducted in the house of one Upendra Rai and several persons were apprehended when gambling was going on and seizure of playing cards, mobile sets,
Patna High Court Cr.Misc. No.30359 of 2014 (2) dt.20-01-2015 cash, ganja and motorcycles were made. Some of the miscreants have succeeded in escaping from the place of occurrence. Submission is that gambling was going on in the house of Upendra Rai and the petitioners were not caught at the spot and they have no criminal antecedent. It is also submitted that similarly situated co-accused Sheo Sankar Kumar Yadav and Hamid Mian have been allowed pre-arrest bail by another Bench of this Court vide order dated 15.12.2014 passed in Cr. Misc. No. 44188 of 2014 to which the learned APP is not in a position to distinguish the case of the petitioners from that of co-accused persons.
In the facts and circumstances stated above, the petitioners above named, in case of their surrender or arrest within two months from the date of receipt/production of a copy of this order, shall 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 Chief Judicial Magistrate, Saran at Chapra in connection with Muffasil P.S. Case No. 46 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) avin/- U T