Patna High CourtCR. MISC./33565/2015bail granted

Santosh Kumar And ORS v. The State Of Bihar

2015-10-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33565 of 2015 Arising Out of PS.Case No. -125 Year- 2015 Thana -MINAPUR District- MUZAFFARPUR ======================================================

1. Santosh Kumar, son of Lal Babu Sah

2. Rajeev Sah, son of Veer Prasad

3. Bharat Mahto, son of Late Rajendra Mahto All are resident of VillageSharif Nagar, P.S.- Tariyani, District- Sheohar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Chandra For the Opposite Party/s : Mr. Ram Chandra Sahni(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek bail in a case registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code.

As per the prosecution story, the petitioners are alleged to have committed dacoity after conspiring with others and looted ornaments and rupees forty thousand from the house of the informant.

It has been submitted of behalf of the petitioners that the petitioners have got no criminal antecedent. Petitioners are in custody since 16.04.2015. Chargesheet has been submitted in the

Patna High Court Cr.Misc. No.33565 of 2015 (3) dt.05-10-2015 P2/2 present case. There is no allegation of tempering with the evidence. The petitioners have been made accused due to mistake of fact. There is dispute regarding wage between parties and the recovered mobile belongs to the petitioner.

It has been submitted on behalf of the State that petitioners are named in the First Information Report.

Considering the aforesaid facts and circumstances, the petitioners above named are directed to be enlarged 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 learned Judicial Magistrate, 1st Class (In-charge of Minapur P.S.), Muzaffarpur in connection with Minapur P.S. Case No. 125/2015. (Sudhir Singh, J) Saif/- U T