Patna High CourtCR. MISC./12686/2018bail granted

Rameshwar Singh And ANR v. The State Of Bihar

2018-04-12Mr. Justice Madhuresh Prasad2 pages

Patna High Court Cr.Misc. No.12686 of 2018 (3) dt.12-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12686 of 2018 Arising Out of PS.Case No. -1470 Year- 2017 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Rameshwar Singh, S/o Late Ram Pyare Singh,

2. Dhananjay Kumar S/o Rameshwar Singh, Both are R/o Village- Karpurwa, P.S.- Darigaon, District- Rohtas. .... Petitioners

Versus

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

For the Petitioners : Mr. Braj Kishore Singh For the Opposite Party : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-04-2018 Heard counsel for the petitioners and the State. Petitioners are accused in a case registered for offence under sections 307, 427 IPC, sections 3⁄4 of the Explosive Substance Act and under the Arms Act.

Learned counsel for the petitioners submits that the petitioners have clean antecedent and have falsely been implicated by their Gotia due to subsisting dispute with them. Recovery of arms and explosive substances are denied as the same have not been done from their possession. Learned counsel submits that no such occurrence as alleged in the FIR took place as the petitioners are merely small shop keepers and it is highly improbable that such incriminating materials could have been kept in the shop. Petitioners are in custody in connection with this case since 11.10.2017.

Patna High Court Cr.Misc. No.12686 of 2018 (3) dt.12-04-2018 Considering the aforesaid submissions, prayer for bail of both the petitioners is allowed. Let the petitioners, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sasaram in Sasaram (town) Police Station Case No. 1470/2017 on the following conditions:- One of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how they are related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners and The Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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