Kamre Alam @ Chand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13241 of 2021 Arising Out of PS. Case No.-426 Year-2020 Thana- NAANPUR District- Sitamarhi ====================================================== 1.

KAMRE ALAM @ CHAND S/O ISHA NADAF R/O VILLAGE MANIKPUR WARD NO.6, PS PUPRI, DISTRICT-SITAMARHI. 2.

GULBAHAR @ GULJAR @ KALU S/O LATIF NADAF R/O VILLAGE MANIKPUR WARD NO.6, PS PUPRI, DISTRICT-SITAMARHI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dinesh Jha, Adv.

For the Opposite Party/s :

Mr.Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-09-2021 The matter has been listed today for consideration through Video Conferencing.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in Nanpur P.S. Case No.426 of 2020 instituted for the offence under Sections 356 and 379 of the Indian Penal Code. Later on, Sections 392 and 414 of the Indian Penal Code were added.

Patna High Court CR. MISC. No.13241 of 2021(4) dt.08-09-2021 2/3 The instant petitioners have been arrested along with motorcycle looted in the instant case and another stolen motorcycle.

Learned counsel for the petitioners submits that the petitioners have no criminal antecedent. The recovery is not in accordance with law as the seizure list witnesses are from different villages. The petitioners have not been put on T.I.P. It is a case of false implication. The petitioners are in custody since 08.11.2020.

Learned APP has opposed the prayer for bail. It is submitted that stolen motorcycle was recovered from the petitioners.

Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioners' counsel. Prayer for bail of the petitioners is allowed. Let the petitioners, above named, 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 the learned S.D.J.M, Pupri at Sitamarhi in connection with Nanpur P.S. Case No.426 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of

Patna High Court CR. MISC. No.13241 of 2021(4) dt.08-09-2021 3/3 the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bonds will be liable to be cancelled.

(Madhuresh Prasad, J) Harish/- U T