Patna High Court - Orders
Sikander Singh @ Bind & Anr vs The State Of Bihar on 10 December, 2009
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No. 38632 of 2009
1.SIKANDER SINGH @ BIND, S/o Rambadan Singh @ Bind, R/o
Village - Kamruddinpir, P.S. Muffasil (Singhaul), Distt. -
Begusarai, and
2. Rijhan Kumar, son of Mansukh Bind, R/o Village - Rajesh
Nagar, Dumra, P.S. Marachi, Distt. - Patna ............... Petitioners
Versus
THE STATE OF BIHAR ............................ Opposite Party.
with
Cr. Misc. No. 38828 of 2009
RAVINDRA KUMAR, son of Bholi Mahto, R/o Village - Ganga
Prasad, Bindtoli, P.S. Barauni (Chakia), Distt. - Begusarai ........
Petitioner
Versus
THE STATE OF BIHAR ............................ Opposite Party.
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For the Petitioners
in Cr. Misc. No. 38632/09:- Mr. Ashok Kumar Mishra, Advocate.
For the Petitioner
in Cr. Misc. No. 38828/09:- Mr. Ram Sumiran Rai, Advocate.
For the State in both cases:- Mr. R.P.S. Singh, A.P.P.
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3. 10.12.2009. Both the cases arise out of the same P.S. Case, i.e. Matihari P.S. case No. 77/09, thus, they have been heard together and are being disposed of by this common order.
Heard learned counsel for the petitioners and learned A.P.P. appearing on behalf of the State.
Petitioners seek bail in a case registered under Sections 395 and 412 of the Indian Penal Code.
It is submitted on behalf of the petitioner that the petitioners are not named in the first information report. There is no recovery of any incriminating article 2 from their possession. Antecedents of the petitioners are stated to be clean. Petitioners of Cr. Misc. No. 38632/2009 are in custody since 23.07.2009 and petitioner of Cr. Misc. No. 38828/2009 is in custody since 26.07.2009.
Learned counsel for the State submitted that co-accused Ram Bilas @ Bilaiti has stated in his confessional statement recorded by the police that these petitioners were associates in commission of the crime. However, from the case diary it does not transpire that these petitioners are having any criminal antecedent.
Having regard to the facts and circumstances of the case, I direct the petitioners of both these applications, namely, (1) Sikander Singh @ Bind, (2) Rijhan Kumar and (3) Ravindar Kumar to be released on bail on their furnishing bonds in the sum of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Matihani P.S. Case No. 77/2009, dated 24.07.2009, subject to the conditions that one of the bailors for each of the petitioners must be either his family member or close relative, who shall 3 swear an affidavit before the concerned court giving complete genealogy showing his relationship with the petitioners. It is also made clear that if the petitioners, after their release in this case, again involve themselves in a criminal case of similar nature, it would be open for the concerned court to take steps for cancellation of the bail bonds of the petitioners.
dk ( Dr. Ravi Ranjan, J. )