Chandan Singh And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.10657 of 2017 (2) dt.23-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10657 of 2017 Arising Out of PS.Case No. -465 Year- 2015 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ======================================================

1. Chandan Singh Son of Sitaram Singh Resident of Village- Narha, P.S. Rajepur, District East Champaran.

2. Suresh Rai Son of Late Yogendra Rai Resident of Village- Narha, P.S. Rajepur, District East Champaran.

3. Arun Sahni Son of Bindeshwar Sahni, Resident of Village- Hanuman Nagar, P.S. Rajepur, District East Champaran. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-03-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners seek bail in connection with Muzaffarpur Sadar P.S. Case No. 465 of 2015 registered for the offences punishable under Sections 395, 397 of the Indian Penal Code. Allegedly, in the house of the informant dacoity was committed by 11-12 unknown accused persons after assaulting the informant, his wife and the daughter.

Submission is of false implication and that there is no material against the petitioners to show their involvement in this case, the name of the petitioners have come in the confessional statement of co-accused Nagina Singh made in another case,

Patna High Court Cr.Misc. No.10657 of 2017 (2) dt.23-03-2017 nothing has been recovered from possession of the petitioners and they have not been put on test identification parade and they are in custody since 20.09.2016.

Learned APP submits that from the impugned order it reveals that except confessional statement of the co-accused there is no material against the petitioners.

In the facts and circumstances stated above, the petitioners above named are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur Sadar P.S. Case No. 465 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

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