Pintu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48441 of 2015 Arising Out of PS.Case No. -340 Year- 2014 Thana -MAJORGANJ District- SITAMARHI ======================================================

1. Pintu Singh S/o Upendra Singh resident of Village- Rajpur P.S. Majorganj District Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. M.K.Khare(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Majorganj P.S. Case No. 340 of 2014 registered for the offences punishable under Sections 385, 387 of the Indian Penal Code and Section 27 of Arms Act.

Allegedly, ransom of Rs. 7,00000/- (seven lakh) was demanded from the informant through mobile and the caller stated his name as Mukesh Pathak, associate of Santosh Jha and again ransom was demanded but the informant ignored the same resulting six miscreants came at the spot and opened fire causing injuries to five labourers and directed to stop the work of the construction of school building. During investigation the name of the petitioner

and others transpired that they were seen on three motorcycles in the morning on 20.09.2014.

Submission is of false implication and that the petitioner has not been identified by anyone at the time of the alleged occurrence, on the basis of the evidences of those witnesses it cannot be said that the petitioner and others were involved in opening the fire and as such the petitioner who is suffering in custody since 04.06.2015 deserves sympathetic consideration.

Learned A.P.P. opposes the prayer by submitting that the petitioner is involved in so many cases.

In the facts and circumstances stated above, considering that the petitioner was not identified at the place of occurrence rather he was seen along with others in the morning going speedily with motorcycle and as such the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J. M. Sitamarhi in connection with Majorganj P.S. Case No. 340 of 2014, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain

present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) khushbu/- U T