Patna High Court - Orders
Shivendra Mohan @ Tarun vs The State Of Bihar on 14 December, 2016
Author: Nilu Agrawal
Bench: Nilu Agrawal
Patna High Court Cr.Misc. No.51931 of 2016 (2) dt.14-12-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51931 of 2016
Arising Out of PS.Case No. -46 Year- 2016 Thana -VIDYAPATINAGAR District- SAMASTIPUR
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Shivendra Mohan @ Tarun S/o Hari Mohan, R/o village - Sukki, P.S.
Patepur, District - Vaishali
.... .... Petitioner
Versus
The State of Bihar
.... .... Opposite Party
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Appearance :
For the Petitioner : Mr. Deepak Kumar, Advocate
For the Opposite Party : Mr. Smt. Sahin Begam (APP)
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CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL ORDER
2 14-12-2016Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 20.04.2016 in connection with Vidyapati Nagar P.S. case No. 46 of 2016 for the offences alleged under Sections 353, 307/34 of the Indian Penal Code and Sections 25(1-B)A/26/27 and 35 of Arms Act.
The prosecution case as alleged by the police personnel is that on information that few criminals were fleeing away in white coloured alto car after looting a white coloured scorpio vehicle, the informant along with police party proceeded to verify and when they reached near railway crossing gate no. 9 near Vidyapati nagar railway station, they found one white coloured scorpio vehicle no. BR- 06PC/4461 derailed in the ditch and a white coloured alto car no. BR- 33F/9293 was standing near it and few persons looking at the scorpio Patna High Court Cr.Misc. No.51931 of 2016 (2) dt.14-12-2016 vehicle. On suspicion, the informant asked what is the matter on which the persons standing there started firing to which police also made counter firing and three persons were apprehended while 2-3 persons managed to flee away. The apprehended persons disclosed their names as Uttam Kr. Singh @ Rajveer, Satrughan Thakur and Shivendra Mohan @ Tarun and disclosed that Guddu Ram and Md. Aashik managed to flee away. On search in presence of police personnel, from the possession of Uttam Kr. Singh, a loaded countrymade pistol and a Nokia phone, from the possession of petitioner, one country made pistol, two live cartridges and one mobile and from possession of Satrughan Thakur, one black coloured rexine bag containing Rs. 22,000/- was recovered.
It has been submitted by the learned counsel for the petitioner that he is innocent and a student of Sagar Institute of Research & Technology, Bhopal and he had come to see his ailing mother and has been arrested from his house. He submits that on the confessional statement of the co-accused in another case bearing Kalyanpur PS case no. 37 of 2016, he was also made accused, in which he had been granted bail by the learned court below itself. So far as another case Sarairanjan PS case no. 93 of 2016 is concerned, co- accused Vijay Kumar Sinha has named the petitioner as driver of the Scorpio vehicle. He further submits that the petitioner has committed no overt act and is languishing in judicial custody since more than seven months.
Patna High Court Cr.Misc. No.51931 of 2016 (2) dt.14-12-2016
Learned A.P.P. for the State submits that the petitioner is named in the F.I.R., hence opposes the prayer for bail.
Be that as it may, considering the facts and circumstances and submissions of the parties and that the chargesheet has already been submitted and there is no chance of tampering with prosecution evidence, let the abovenamed petitioner, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Vinit Kr. Singh, Judicial Magistrate 1st class, Dalsinghsarai in connection with Vidyapatinagar P.S. case no. 46 of 2016 with a condition that one of the bailors should be the close relative of the petitioner and other bailor should have sufficient immovable property within the jurisdiction of the police station/court concerned.
(Nilu Agrawal, J.) rinkee/-
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