Bachan Ram And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50949 of 2014 Arising Out of PS.Case No. -34 Year- 2014 Thana -NAWINAGAR District- AURANGABAD ======================================================
1. Janeshwar Singh Son of Late Satyanarayan Singh,
2. Dharmdeo Singh Son of Late Ram Lagan Singh,
3. Deo Pujan Singh Son of Late Nageshwar Singh,
4. Sunil Singh @ Sonu Son of Deopujan Singh,
5. Arjun Singh Son of Mukhdeo Singh,
6. Buneshwar Singh @ Bhuneshwar Singh, Son of Late Satyanarayan Singh. All Resident of Village - Sonbarsha, P.S.- Nabinagar, District - Aurangabad .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== WITH Criminal Miscellaneous No.51708 of 2014 Arising Out of PS.Case No. -34 Year- 2014 Thana -NAWINAGAR District- AURANGABAD ======================================================
1. Bachan Ram Son of Late Deep Chandra Ram,
2. Siyaram Chandrabanshi @ Shri Ram Chandrabanshi Son of Dukhi Chandrabanshi. Both are residents of village-Sonbarsa,P.S-Nabinagar District-Aurangabad .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.50949 of 2014) For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate. For the Opposite Party/s : Mr. Bharat Lal(App) (In Cr.Misc. No.51708 of 2014) For the Petitioner/s : Mrs. Leelawati Kumari, Advocate. For the Opposite Party/s : Mr. Renuka Ratnakar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 30-04-2015 Both these applications are made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioners, namely, Janeshwar Singh, Dharamdeo Singh, Deo Pujan Singh, Sunil Singh @ Sonu, Arjun Singh, Buneshwar Singh,
Patna High Court Cr.Misc. No.50949 of 2014 (2) dt.30-04-2015 2/3 Bachan Ram, Siyaram Chandarbanshi @ Shri Ram Chandrabansi, in connection with Nabinagar Police Station Case No. 34 of 2014 under Section 302/34 of the Indian Penal Code. Perused the above applications and materials on record including a copy of the order, dated 01.12.2014, passed, in A.B.P. No. 892 of 2014, by the learned Sessions Judge, Aurangabad, dismissing the said application for pre-arrest bail and, order, dated 09.01.2015, passed in Cr. Misc. No. 914 of 2015 by a Bench of this Court granting benefit of pre-arrest bail to the similarly situated co-accused.
Heard Mr. Bachan Jee Ojha and Mrs. Lilawati Kumari, learned Counsel for the petitioners, and Mr. Bharat Lal and Mrs. Renuka Ratnakar, learned Additional Public Prosecutor, appearing on behalf of the State.
Considering the fact that similarly situated coaccused have been granted benefit of pre-arrest bail by a Bench of this Court by order, dated 09.01.2015, passed in Cr. Misc. No. 914 of 2015, it is hereby, in the interest of justice, directed that the petitioners above-named shall, in the event of their arrest in connection with the case aforementioned, be released on bail of Rs. 10,000/-, with two sureties of the like amount each, subject to the satisfaction of the Officer-in-Charge, Nabinagar Police Station, District-Aurangabad. This direction for bail is further subject to
Patna High Court Cr.Misc. No.50949 of 2014 (2) dt.30-04-2015 3/3 the condition that the petitioners above-named shall, within two weeks from today, appear before the Officer-in-Charge, Nabinagar Police Station, District-Aurangabad, and make themselves available for interrogation by police at all reasonable time and shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
Both the applications for pre-arrest bail shall stand disposed of in terms of the above observations and directions. Let a copy of this order be sent, forthwith, to the Officer-in-Charge, Nabinagar Police Station, District-Aurangabad. Send also a copy of this order, forthwith, to the Superintendent of Police, Aurangabad, by fax. (I. A. Ansari, J.) Mkr./- U