Mritunjay Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21354 of 2015 Arising Out of PS.Case No. -53 Year- 2015 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Pappu Giri @ Vidhya Bhushan Giri @ Vidha Bhushan Giri Son of Late Binod Giri Resident of Village : Nagdahan, P.S. Malahi, District : East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.21602 of 2015 Arising Out of PS.Case No. -53 Year- 2015 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Mritunjay Sah son of Late Binda Sah resident of villag- Sirmi Bazar, P.SMalahi, Dist-East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.22323 of 2015 Arising Out of PS.Case No. -53 Year- 2015 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Dilip Giri S/o Awadh Giri Resident of Village Chatiya Tola Mathiya, P.S. Govindganj (Malahi), District East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.21354 of 2015) For the Petitioner/s : Mr. Gopal Sharan Singh For the Opposite Party/s : Mr. Pushpa Sinha-Ii(App) (In Cr.Misc. No.21602 of 2015) For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Upendra Kumar(App) (In Cr.Misc. No.22323 of 2015)
Patna High Court Cr.Misc. No.21354 of 2015 (2) dt.14-07-2015 2/3 For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. U.L.Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2015 As these cases arise out of Govindganj (Malahi) P.S.Case No. 53 of 2015, they have been heard together and are being disposed of t by this common order.
Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners are in custody in a case registered under Sections 413, 414/34 of the Indian Penal Code. The prosecution case in, brief, is that the informant, S.H.O., Malahi P.S. Malahi has alleged that on 3.3.2015 after receiving confidential information after selling of stolen motorcycle by one Pappu Giri a search was made at his house and Pappu Giri was apprehended who confessed his guilt and his involvement in commission of offence of selling of stolen motorcycle and told the name of other two petitioners/ co-accused about selling of stolen motorcycle to them and on the basis of information of Pappu Giri a Hero Honda motorcycle was recovered from the house of accused Mritunjay Sah followed with seizure dated 15.3.2015 and another motorcycle was recovered beside the shop of accused Dilip Giri.
Patna High Court Cr.Misc. No.21354 of 2015 (2) dt.14-07-2015 3/3 It has been submitted on behalf of the petitioners that the petitioners are in custody since 4.3.2015 and the charge sheet has been submitted in the present case. It is also submitted that the petitioners have been made accused due to mistake of fact. Further it has been submitted that the petitioners may be released after completion of six months in custody from 4.3.2015. On behalf of the State, it has been submitted that the petitioners are involved ion serious nature of crime. Considering the facts aforesaid, let above named petitioners be released, after completion of six months in custody from 4.3.2015, on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Shri R.K. IV, Judicial Magistrate, 1st Class, East Champaran at Motihari, in Govindganj (Malahi) P.S.Case No. 53 of 2015.
(Sudhir Singh, J) singh/- U T