Patna High Court - Orders
Vikash Singh Chandrabanshi & Anr vs The State Of Bihar on 30 June, 2014
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12542 of 2014
Arising Out of PS.Case No. -140 Year- 2013 Thana -GOH District- AURANGABAD
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1. Vikash Singh Chandrabanshi Son Of Phekan Singh Resident Of
Bibipur, Police Station- Rafiganj District- Aurangabad
2. Anil Singh Chandrabanshi Son Of Late Khelawan Singh Chandra
banshi Resident Of Khaira Mohan, Police Station- Goh, District-
Aurangabad
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
5 30-06-2014Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners seek bail in Goh P.S. Case No. 140 of 2013 dated 18.07.2013 instituted under Sections 147/148/149/324/353/307/326/435/379/427/302 of the Indian Penal Code, 27 of the Arms Act, 3/4 of the Explosives Substance Act, 17 of the C.L.A. Act and 10 to which later on Sections 16, Patna High Court Cr.Misc. No.12542 of 2014 (5) dt.30-06-2014 2/3 17, 18, 19 and 20 were also added of the Unlawful Activities (Prevention) Act, 1967.
Learned counsel for the petitioners submits that they are not named in the F.I.R. in which the allegation is with regard to a mob of 200-250 persons attacking the police base camp resulting in killing of five and injuring three S.A.P. Jawans. Learned counsel submits that except for the confessional statement nothing incriminating has been recovered from the possession of the petitioners and they have clean antecedent. Learned counsel contends that though there is confessional statement but before the police which under the Indian Evidence Act, is barred. It is further submitted that no other co-accused persons have taken their name except petitioner no. 1 who in his confessional statement has also implicated his 'phupha', who is petitioner no. 2.
Learned A.P.P. for the State, upon going through the case diary, submits that the confessional statements specifically mention that the petitioners were informers of the extremist organization and they had stayed a little distance away from the police base camp where the incident occurred.
Considering the facts and circumstances of the case and submissions of learned counsels for the parties, this Court is Patna High Court Cr.Misc. No.12542 of 2014 (5) dt.30-06-2014 3/3 not inclined to enlarge the petitioners on bail.
Accordingly, the application stands dismissed.
(Ahsanuddin Amanullah, J.) Anjani/-
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