Pankaj Rao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74630 of 2019 Arising Out of PS. Case No.-66 Year-2019 Thana- ASANWA District- Siwan ====================================================== RAJEEV KUMAR SINGH @ RAHUL SINGH @ RAJU SINGH, aged about 28 years, Male, Son of Akhilesh Singh Resident of Village - Chephul, P.S.- Manjhi, Dist.- Saran ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 82790 of 2019 Arising Out of PS. Case No.-66 Year-2019 Thana- ASANWA District- Siwan ====================================================== PANKAJ RAO, aged about 30 years, Male, Son of Vashisht Rao, Resident of Village - Natawaliya, P.S.- Kasaya, District - Kushi Nagar (U.P.) ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 74630 of 2019) For the Petitioner :
Mr. Rina Sinha, Adv.
For the Opposite Party :
Mr. Raj Ballabh Singh, APP (In CRIMINAL MISCELLANEOUS No. 82790 of 2019) For the Petitioner :
Mr. Kumari Sujata Sinha, Adv.
For the Opposite Party :
Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-03-2020 Since, both the cases arise out of same police station case number, hence, heard together and are being disposed of by this common order.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.
The petitioners seek bail in connection with Asawan P.S. Case No. 66 of 2019, registered under Sections 395 and 397 of the Indian Penal Code, 27 of the Arms Act and 3 and 4 of the Explosive Substances Act.
Patna High Court CR. MISC. No.74630 of 2019(3) dt.17-03-2020 2/3 Submission is that it would appear from the first information report that on the basis of the fardbeyan of informant, Hare Shyam Prasad, Asawan P.S. Case No. 66 of 2019 was instituted against six unknown persons. In course of investigation, the names of both the petitioners surfaced in the confessional statement of the co-accused, Kundan Singh. Further, submission on behalf of petitioner, Rajeev Kumar Singh @ Rahul Singh @ Raju Singh, of Cr. Misc. No. 74630 of 2019 is that the name of the petitioner surfaced in the confessional statement of co-accused, Vidya Sagar Yadav and, thereafter, he has been apprehended and remanded in this case on 30.09.2019, but, no test identification parade done and there is no recovery from his possession.
The submission on behalf of the petitioner, Pankaj Rao, of Cr. Misc. No. 82790 of 2019 is that since the petitioner is accused in 16 cases, as detailed in paragraph 3, due to that reason, on the disclosure of the spy, this petitioner has been remanded in this case on 31.10.2019 from Gauri Bazar P.S. Case No. 287 of 2019 and since then he is in custody.
Having regard to the facts and circumstances of the case, let the petitioners, above named be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each
Patna High Court CR. MISC. No.74630 of 2019(3) dt.17-03-2020 3/3 with two sureties of the like amount each in connection with Asawan P.S. Case No. 66 of 2019, to the satisfaction of Sri Arvind Kumar, Judicial Magistrate, 1st Class, Siwan, subject to the condition that out of two bailors, one must either be parent or close relative of each of the petitioners. (Rajendra Kumar Mishra, J) Shamshad/- U T