Nikki Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65115 of 2018 Arising Out of PS. Case No.-26 Year-2018 Thana- AZIMABAD District- Bhojpur ====================================================== Gorakh Kushwaha @ Gore Son of Kamta Prasad Singh Resident of MohallaIbrahim Nagar, P.S. Arrah Town, District- Bhojpur (Bihar). ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with Criminal Miscellaneous No. 65148 of 2018 Arising Out of PS. Case No.-26 Year-2018 Thana- AZIMABAD District- Bhojpur ====================================================== Nikki Singh Son of Babu Dhan Singh Resident of Village- Nanaur, P.S. Sahar, District- Bhojpur.

... ... Petitioner/s

Versus

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

(In Criminal Miscellaneous No. 65115 of 2018) For the Petitioner/s :

Mr. Md. Ataul Haque For the Opposite Party/s :

Mr. Smt Indu Kumari Srivastava (In Criminal Miscellaneous No. 65148 of 2018) For the Petitioner/s :

Mr. Jawed Gaffar Khan For the Opposite Party/s :

Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-10-2018 Heard learned counsel for the petitioners and the learned APP for the State.

Both petitions arise out of the same P.S. i.e Azimabad P.S. case no. 26 of 2018 and as such they have been heard

Patna High Court Cr.Misc. No.65115 of 2018(2) dt.31-10-2018 2/3 together and are being disposed of by this common order. The petitioners seek bail in Azimabad P. S. Case No. 26 of 2018 instituted for the offence under Section(s) 393 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners has submitted that FIR is against unknown. There is no recovery of any incriminating article from possession of these petitioners. Petitioners have been arrested by the police merely on suspicion. The other co- accused person of this case with similar allegation has already been granted regular bail by co-ordinate Bench of this Court by order dated 25.11.2018 passed in Cr. Misc. 63863 of 2018.

Petitioner of Cr. Misc no. 65115 of 2018 is in custody since 2.7.2018 whereas petitioner of Cr. Misc. no. 65148 of 2018 is in custody since 27.8.2018.

Considering the aforesaid, let the petitioners of both the cases, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the CJM, Arrah, in connection with Azimabad P. S. Case No. 26 of 2018 subject to the condition that both the bailers shall be the close relative of

Patna High Court Cr.Misc. No.65115 of 2018(2) dt.31-10-2018 3/3 the petitioners.

(Sanjay Priya, J) shyambihari/- U T