Subodh Sah And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.11209 of 2015 (4) dt.07-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11209 of 2015 Arising Out of PS.Case No. -170 Year- 2014 Thana -LAXMIPUR District- JAMUI ======================================================

1. Subodh Sah Son of Prakash Sah resident of Mohalla - Tarapur, Police Station - Tararpur, District - Munger.

2. Manoj Sah Son of Sadhu Sah resident of Mohalla - Kumhrar Toli, Police Station - Tarapur, District - Munger.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.16894 of 2015 Arising Out of PS.Case No. -170 Year- 2014 Thana -LAXMIPUR District- JAMUI ======================================================

1. Pramod Prasad Son of Vishwanath Prasad Resident of Mohalla - Jamni Chak, P.S. Barh, District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.11209 of 2015) For the Petitioner/s : Mr. Shashi Shekhar Sharma For the Opposite Party/s : Mr. Sanjay Kr.Singh(App) (In Cr.Misc. No.16894 of 2015) For the Petitioner/s : Mr. Shashi Shekhar Sharma For the Opposite Party/s : Mr. Anzarul Haque Sahara (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 07.09.2015 Both the above stated petitions arise out of Laxmipur P.S. Case no. 170/2014 registered under sections 395, 397, 412 of the Indian Penal Code and accordingly, both the above stated petitions are being disposed of by this common order.

Heard learned counsel for the petitioners as well as learned

Patna High Court Cr.Misc. No.11209 of 2015 (4) dt.07-09-2015 Addl. Public Prosecutor for the State.

Petitioners were caught by the police when they were fleeing by a vehicle after committing the alleged crime and allegedly, 21 looted batteries were recovered from the vehicle of petitioners. The contention on behalf of the petitioners is that coaccused Subodh Kumar Driver @ Subodh Kumar has already been granted privilege of bail by a coordinate bench of this court and moreover, petitioners in Cr. Misc. no. 11209/2015 do not have any criminal antecedent whereas petitioner in Cr. Misc. no. 16894/2015 was made accused in one case prior to institution of the present case. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Jamui in Laxmipur P.S. Case no. 170/2014. shahid (Hemant Kumar Srivastava,J) U T