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Patna High CourtCR. MISC./52837/2015bail granted

Satendra Kumar v. The State Of Bihar

2015-11-30Mr. Justice Rakesh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52047 of 2015 Arising Out of PS.Case No. -180 Year- 2015 Thana -SHERGHATI District- GAYA ====================================================== Aditya Kumar Dangi, son of Budhan Dangi, Resident of VillageBarwadih, P.S.- Pathargodha, District- Chatra (Jharkhand) .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.52309 of 2015 Arising Out of PS.Case No. -180 Year- 2015 Thana -SHERGHATI District- GAYA ======================================================

1. Pankaj Kumar Sao Son of Arun Sao

2. Shambhu kumar Sao Son of Kedar Sao Both Resident of Village- Sobari, P.S Kothi, District Gaya.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.52736 of 2015 Arising Out of PS.Case No. -180 Year- 2015 Thana -SHERGHATI District- GAYA ====================================================== Md. Khalid @ Khalid @ Golden, son of Md. Yunush, resident of village Barwadih, P.S. Pathalgarha, District Chatra (Jharkhand) .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.52837 of 2015 Arising Out of PS.Case No. -180 Year- 2015 Thana -SHERGHATI District- GAYA ====================================================== Satendra Kumar, Son of Late Ramawtar Mistri, Resident of VillageBikopur, P.S.- Kothi, District- Gaya. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s

Patna High Court Cr.Misc. No.52047 of 2015 (2) dt.30-11-2015 2/3 ====================================================== Appearance :

(In Cr.Misc. No.52047 of 2015) For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Satyendra Prasad (APP) (In Cr.Misc. No.52309 of 2015) For the Petitioner/s : Mr. Sudhir Kumar Sinha Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Atul Chandra (APP) (In Cr.Misc. No.52736 of 2015) For the Petitioner/s : Mr. Dhirendra Kumar For the Opposite Party/s : Mr. G.S.Gupta(APP) (In Cr.Misc. No.52837 of 2015) For the Petitioner/s : Mr. Sudhir Kumar Sinha Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Lallan Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 30-11-2015 Heard Sri Shivendra Prasad, Sri Ashok Kumar Singh and Sri Dhirendra Kumar, learned counsel for the petitioners and learned A.P.P.

In all the aforesaid bail petitions petitioners who are in custody in connection with Sherghaty (Dobhi) P.S. Case No. 180 of 2015 registered for the offence punishable under Section 399, 402, 414 of the Indian Penal Code and Section 25(1-b)A, 26, 35 of the Arms Act, have prayed for grant of bail, and as such, all the aforesaid four bail petitions were heard together and are being disposed of by this common order.

It was submitted by learned counsel for the petitioners that petitioners are innocent and they were falsely implicated by the Police and besides adding Section 399, 402, 414 of the

Patna High Court Cr.Misc. No.52047 of 2015 (2) dt.30-11-2015 3/3 Indian Penal Code, provisions of the Arms Act were also incorporated in the F.I.R. and it was shown recovery of some Arms.

It has been argued that all the petitioners have got clean antecedent and they were never made accused in any of the case. It was further argued that one of the co- accused namely Dipendra Kumar Dangi who was also apprehended along with the petitioners has already been granted bail by this court on 24.9.2015 vide Cr. Misc. No. 44277 of 2015.

Considering the facts and circumstances as well as the fact that one of the co- accused has been granted bail, there is no reason to deny the prayer for bail.

Let the aforesaid petitioners namely, Aditya Kumar Dangi, Pankaj Kumar Sao, Shambhu Kumar Sao, Md. Khalid @ Khalid @ Golden and Satendra Kumar be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sherghaty, Gaya, in connection with Sherghty (Dobhi ) P.S. Case No. 180 of 2015. (Rakesh Kumar, J) Praful/- U T