IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.1623 of 2011
MAHESH MAHTO .
Versus
THE STATE OF BIHAR .
with
Cr.Misc. No.2884 of 2011
RANJEET LAL .
Versus
THE STATE OF BIHAR .
with
Cr.Misc. No.3955 of 2011
UPENDRA KUMAR .
Versus
THE STATE OF BIHAR .
with
Cr.Misc. No.4006 of 2011
BITTU @ GAURAV NISHANT .
Versus
THE STATE OF BIHAR .
with
Cr.Misc. No.4078 of 2011
YOGENDRA PRASAD .
Versus
THE STATE OF BIHAR .
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03 26.03.2011 It is pointed out by learned counsel appearing for
the petitioner in Cr. Misc. No. 3955 of 2011 that in prayer portion
of his application in place of Additional Chief Judicial
Magistrate, Patna City, it has wrongly been typed as Chief
Judicial Magistrate, Patna.
Learned counsel for the petitioner is permitted to
make necessary correction in prayer portion of his application
within course of the day.
All the above stated petitions are taken enbloc as
the above stated petitions have arisen out of Agamkuan P.S. Case
No. 195 of 2010, initially, registered under Section 394 of the
Indian Penal Code and subsequently, Sections 395, 397 and 412
of the Indian Penal Code were also added and accordingly, all the
above stated petitions are being disposed of by this common
order.
Supplementary affidavit is filed on behalf of the
petitioner in Cr. Misc. No. 1623 of 2011.
Heard all the learned respective counsels appearing
in the above stated petitions as well as learned Additional Public
Prosecutor for the State.
Admittedly, petitioners are not named in the first
information report nor they have been put on Test Identification
Parade. It is stated that except petitioner in Cr. Misc. No. 3955 of
2011, some looted cash have been recovered from possession of
all the petitioners. It is evident from perusal of the impugned
order as well as submissions of the parties that except petitioners
in Cr. Misc. No. 3955 of 2011 and 4006 of 2011, sons of rest
petitioners have been made accused in this case. It also appears
from submissions of the parties that name of petitioner in Cr.
Misc. No. 4006 of 2011 transpired in this case on the basis of
information supplied by spy of the police and subsequently, the
above stated petitioner made his confessional statement
disclosing the names of his associates and, thereafter, raid was
made on the houses of accused persons of this case.
Although, some looted cash has been recovered
from the house of petitioner in Cr. Misc. No. 1623 of 2011 but
even if, the confessional statement of co-accused, namely, Bittu
@ Gaurav Nishant is taken, then also, the petitioner in Cr. Misc.
No. 1623 of 2011 has not taken active part in committing the
alleged crime.
So far as petitioner in Cr. Misc. No. 2884 of 2011
and petitioner in Cr. Misc. No. 4078 of 2011 are concerned, the
case of above stated petitioners is same to the case of petitioner
in Cr. Misc. No. 1623 of 2011.
Although, petitioner in Cr. Misc. No. 3955 of 2011
is said to be associate of petitioner in Cr. Misc. No. 4006 of 2011
but it appears that except the confessional statement of co-
accused, there is nothing against him. Admittedly, nothing has
been recovered from his conscious possession.
Petitioner in Cr. Misc. No. 4006 of 2011 has made
his confessional statement and on the basis of his confessional
statement, some looted cash said to have been recovered from his
conscious possession but there is nothing on the record to show
this fact that the seized cash was looted property except this fact
that the seized notes were signed by injured of this case. It is hard
to believe that all the looted cash were signed by the above stated
injured of this case.
Taking into consideration the above stated facts
and circumstances of the case as well as submissions of the
parties, let the above named petitioners be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of
Additional Chief Judicial Magistrate, Patna City in connection
with above stated Agamkuan P.S. Case No. 195 of 2010.
Shahzad ( Hemant Kumar Srivastava, J.)