IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.2177 of 2011
RAKESH CHOUDHARY, SON OF LATE PARMESHWAR CHOUDHARY
Versus
THE STATE OF BIHAR
with
Cr.Misc. No.2299 of 2011
KUNAL KUMAR SAHNI, SON OF GOPAL PRASAD SAHNI
Versus
THE STATE OF BIHAR
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02 04.03.2011 Both the above stated criminal miscellaneous cases arise
out of Kadamkuan P.S. Case No. 282 of 2010 registered under
Sections 302, 120(B) of the Indian Penal Code, 27 of the Arms Act
and accordingly, both the above stated criminal miscellaneous cases
are being disposed of by this common order.
Petitioners are not named in the First Information Report
and during course of investigation their names surfaced in this case.
Contention of learned counsel for the petitioners is that
none of the person has claimed to have seen the petitioners committing
the alleged crime and except the confessional statement of co-accused
Rajesh Sahini @ Bhutali there is nothing against the petitioners.
Learned counsel for the petitioners further submits that so
far as the paragraphs, referred by learned Additional Sessions Judge in
his impugned order are concerned, the same are nothing but only the
stereo type statements of the prosecution witnesses without naming the
petitioners.
Considering the aforesaid facts and circumstances as well
as submissions of the parties, let the petitioners be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two
sureties of the like amount each to the satisfaction of Chief Judicial
2
Magistrate, Patna in connection with above stated Kadamkuan P.S.
Case No. 282 of 2010.
Shahzad ( Hemant Kumar Srivastava, J.)