Ajay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12641 of 2015 Arising Out of PS.Case No. -14 Year- 2014 Thana -PARSA District- SARAN ======================================================
1. Ajay Kumar Singh Son of Harbansh Narayan Singh resident of Mohalla - Ashok Nagar, P.S. Kankarbagh, Distt. - Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.15228 of 2015 Arising Out of PS.Case No. -14 Year- 2014 Thana -PARSA District- SARAN ======================================================
1. Gorakh Singh @ Gorakh Nath Singh S/o Late Ramashish Singh, Resident of village- Saidpur Dighwara, P.S.- Dighwara, District- Saran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.17214 of 2015 Arising Out of PS.Case No. -14 Year- 2014 Thana -PARSA District- SARAN ======================================================
1. Sanjay Singh Son of Kapildeo Singh resident of village - Bankerwa, P.S. Parsa, Distt. - Saran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.12641 of 2015) For the Petitioner/s : Mr. N.K. Agarwal Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Asha Devi (App) (In Cr.Misc. No.15228 of 2015) For the Petitioner/s : Mr. N.K. Agarwal Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Sanjay Kumar Tiwary(App) (In Cr.Misc. No.17214 of 2015) For the Petitioner/s : Mr. N.K. Agarwal
Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Dr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 06.07.2015 All the above stated petitions arise out of Parsa P.S. Case no. 14/2014 registered under sections 419, 420 of the Indian Penal Code and section 7 of the Essential Commodities Act in which petitioners apprehend their arrest and accordingly, all the above stated petitions are being disposed of by this common order.
Heard learned counsel for the respective petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners are named in the first information report and in course of investigation, Investigating officer collected evidence to this effect that petitioner in Cr. Misc. no. 17214/2015 had lifted rice after making payment which is evident from perusal of para 4 of the case diary. So far as petitioner in Cr. Misc. no. 15228/2015 is concerned, nothing was recovered from his conscious possession and it is only stated that he played role of middle man and had kept the rice in the house of one Awadhesh Prabat who has not been made accused in this case.
So far as petitioner in Cr. Misc. no. 12641/2015 is concerned, there is nothing on the entire case diary to show that his role was investigated by the Investigating officer. Considering the aforesaid facts and circumstances as
well as submissions of the parties, these anticipatory bail petitions are allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the above named petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in Parsa P.S. Case no. 14/2014 subject to condition as laid down under section 438(2) of the Cr.P.C.
shahid (Hemant Kumar Srivastava,J) U T