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Patna High CourtCR. MISC./72837/2019bail granted

Chotan Singh @ Chhotan Singh v. The State Of Bihar

2020-03-05Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72837 of 2019 Arising Out of PS. Case No.-183 Year-2019 Thana- MANJHAGARH District- Gopalganj ====================================================== 1.

CHOTAN SINGH @ CHHOTAN SINGH S/o Rajendra Singh R/o villageJasaulipatti, P.S.- Kotwa, District- East Champaran, Motihari. 2.

Roshan Singh S/o Bhim Sharma Singh R/o village- Siswa Narsingh, P.S.- Kalyanpur, District- East Champaran, Motihari. 3.

Avinash Singh @ Avnish Singh S/o Birendra Singh R/o village- Vasudew Chapra, P.S.- Kalyanpur, District- East Champaran, Motihari. 4.

Dinesh Kumar Sah S/o Lalan Sah R/o village- Belwatiya, P.S.- Pipra Kothi, District- East Champaran, Motihari.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bal Govind Sharma For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-03-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in connection with Majhagarh P.S. Case No.183 of 2019 registered under Sections 395 and 397 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners submits that the petitioners are not named in the F.I.R. as on the basis of the fardbeyan of the informant Neeraj Kumar Sah,the present case was lodged against six unknown. In course of investigation of the case, when the police was on patrolling duty, at that time, the petitioners were seen at the hotel and it is alleged that the petitioners,

Patna High Court CR. MISC. No.72837 of 2019(3) dt.05-03-2020 2/2 on seeing the police party, started to flee away but they were apprehended. Thereafter, the police recorded the confessional statement of the petitioner no.2, namely, Roshan Singh, showing his involvement and the involvement of other petitioners in the present case and, thereafter, the petitioners were remanded in the present case on 19.07.2019 and since then they are in custody. Further submission is that the informant has detailed about the physique of the culprits in his fardbeyan but the petitioners were not put on T.I. Parade till date. While the petitioner nos.1, 2 and 3 have criminal antecedents, as detailed in paragraph-3 to this application and paragraph-3 to the supplementary affidavit filed on behalf of the petitioners but the petitioner no.

4 has no criminal antecedent. Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj, in connection with Majhagarh P.S. Case No.183 of 2019. Out of the two sureties, one must be either parents or the close relative of the petitioners. (Rajendra Kumar Mishra, J) P.S.