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Patna High CourtCR. MISC./72112/2019bail granted

Sanni Kumar v. The State Of Bihar

2020-01-17Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72112 of 2019 Arising Out of PS. Case No.-57 Year-2018 Thana- AZIMABAD District- Bhojpur ====================================================== 1.

SANNI KUMAR 2.

Sami Kumar @ Sammi Kumar. Both Sons of Kamlesh Singh, Resident of Village- Sarna, P.S.- Masaudhi, District- Patna. 3.

Sinku Kumar Son of Ganga Sagar Singh Resident of Village- Benipur, P.S.- Bakhtiyarpur, District- Patna .... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sangeet Deokuliar, Adv : Mr.Navin Kumar Singh, Adv For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-01-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147,148,341,323,324,448,427,364,504 and 506 of the Indian Penal Code.

The petitioners are relatives of the cousin brother of the informant who is also a co-accused. The allegation is general and omnibus that all the FIR named accused person entered into the house of the informant ransacked the house and kidnapped to maternal uncle of the informant namely Chitranjan Singh. On recovery, Chitranjan Singh supported the allegation of kidnapping, however, he did not name anyone and state that due to dispute between the informant and other family members,

Patna High Court CR. MISC. No.72112 of 2019(2) dt.17-01-2020 2/2 the occurrence was committed.

Submission is that concocted case is there. There is no reason that Chitranjan Singh who is relation of the informant could not identify the other family members who are named as accused.

Considering the facts of this case and background of allegation as well as statement of the petitioners on oath that they have got no criminal antecedent, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Azimabad P.S.Case No. 57 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Nitesh/- U T