Patna High CourtCR. MISC./56317/2015bail granted

Ganesh Kumar And ORS. v. The State Of Bihar

2015-12-11Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56317 of 2015 Arising Out of PS.Case No. -368 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Ganesh Kumar, S/o Sri Dharam Nath Rai

2. Sujeet Kumar, S/o Sri Basudeo Rai

3. Lakshman Kumar, S/o Sri Nagdeo Rai All resident of village- Chak Bijgani, P.S.- Hajipur Sadar, DistrictVaishali at Hajipur (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar, Advocate For the Opposite Party/s : Mr. Ram Shankar Das(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 448, 427, 307, 380/34 of the Indian Penal Code, Section 3/4 of the Explosive Substances Act and 3(1) (x) of the S.C./S.T.(Prevention of Atrocities) Act. The prosecution case is that on 08.06.2015 the Manish Kumar and Sonu dashed from Nano to the motorcycle of the informant. On protest being made the accused persons assaulted the informant, thereafter the informant went to home and on 09.06.2015 again the accused persons along with the petitioners came variously armed and robbed Rs.50,000/- cash and jewellary from

Patna High Court Cr.Misc. No.56317 of 2015 (2) dt.11-12-2015 the house of the informant.

It is submitted by the learned counsel for the petitioners that for the occurrence of 08.06.2015 the fardbeyan was recorded on 14.06.2015 and the police registered case on 18.07.2015.

Moreover, it appears inconsistent that on 08.06.2015 the informant went to the house and thereafter on 09.06.2015 the occurrence took place and no information was given to the police.

Considering the delayed lodging of the case and inconsistency in the First Information Report, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 368 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T