High Court Patna High Court - Orders

Dharmendra Singh @ Pahalwan vs State Of Bihar on 5 August, 2010

Patna High Court – Orders
Dharmendra Singh @ Pahalwan vs State Of Bihar on 5 August, 2010
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Cr.Misc. No.11387 of 2010
                    DHARMENDRA SINGH @ PAHALWAN . son of Shri Sidheshwar
                    Singh, r/o village Khaira, P.S. Dhirara , Dist. Aurangabad, ..petitioner
                                           Versus
                    STATE OF BIHAR .                                          O.P.
                                            with
                                      Cr.Misc. No.11403 of 2010
                    MD. ISRAIL . son of Samsuddin Ansari, R/o village Barwan, P.S.
                    Navinagar, Dist. Aurangabad
                    ....Petitioner.
                                           Versus
                   STATE OF BIHAR                                   .      O.P.
                                                -----------

5 05.08.2010 Heard the parties.

The petitioners in both the cases referred to above are facing

criminal prosecution with respect to offences registered under sections 144,

427 of the Indian Penal Code as also under section ¾ of the Explosive

Substance Act, section 3 of the Damage of Public Property Act and section

17 of the C.L.A. Act.

It is submitted that the petitioners are not named in the FIR and

no incriminating articles have been recovered either from their house or from

their possession to show their complicity in the crime in question. It is

further submitted that since petitioners were accused in some other criminal

cases, therefore, they have been remanded in the present case also on the

requisition made by the police and subsequently they are alleged to have

confessed their guilt before the police which, according to the learned

counsel for the petitioners, has no evidentiary value. It is further highlighted

that save and except alleged confession of the petitioners before the police,

there is no other material to connect them with the crime in question.

Petitioner Dharmendra Singh @ Pahalwan is stated to be in judicial custody

since 6.11.2009 and petitioner Md. Israil is stated to be in judicial custody

since 30.10.2009. By referring to Annexure-2, it is further highlighted that
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co-accused Babu Ram Pal with almost similar and identical allegation with

that of the petitioners has been granted bail by a Bench of this Court by

order dated 11.5.2010 passed in Cr. Misc. No. 14741 of 2010.

In the aforesaid circumstances, the above named petitioners in

both the cases referred to above shall be enlarged on bail on furnishing bail

bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount

each to the satisfaction of Fast Track Court No. II, Aurangabad in

connection with Session Trial No. 49 of 2010 arising out of Deo P.S. Case

no. 47 of 2009, subject to the conditions:

(a) That both the bailors of both the petitioners must be

family members, who will file a separate affidavit showing their relationship

with the petitioners.

(b) If the petitioners are found involved in same and similar

nature of cases in future, then in that case the informant/prosecution shall be

at liberty to file a petition for cancellation of the bail of the petitioners, and if

such a petition is filed, the court below would be obliged to dispose of the

same in accordance with law after giving opportunity of hearing to all

concerned.

(c) The petitioners shall make regular pairvi in the court below

in the present case either by appearing themselves or through

representation by their lawyer on each and every date, and if on two

consecutive dates petitioners fail to make pairvi , then the court below shall

be at liberty to cancel the bail bonds of the petitioners.

M.Rahman                                      ( Birendra Prasad Verma, J. )