Dinanath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 2831 of 2020 Arising Out of PS. Case No.-133 Year-2017 Thana- FATUA District- Patna ====================================================== 1.

Dinanath Kumar Son of Shyam Nandan Singh Resident of Village - Chak Pitambarpur, P.S.- Fatuha, District - Patna 2.

Ashok Kumar @ Ashok Prasad Son of Shyam Nandan Singh Resident of Village - Chak Pitambarpur, P.S.- Fatuha, District - Patna 3.

Umesh Kumar @ Dharmendra Kumar Son of Shyam Nandan Singh Resident of Village - Chak Pitambarpur, P.S.- Fatuha, District - Patna 4.

Anil Kumar Son of Late Birendra Prasad Resident of Village - Chak Pitambarpur, P.S.- Fatuha, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-02-2020 Heard learned counsel for the parties.

The petitioners apprehend their arrest in Fatuha P.S. Case No. 133 of 2017 registered for the offence under Sections 379, 411 of the Indian Penal Code.

The allegation against the petitioners is that they have stolen eight bundles of wheat from the field of informant. It is submitted on behalf of petitioners that petitioners have falsely been implicated in this case. It is further submitted that earlier also, informant had filed two cases against the petitioners, in which, they are on bail. The informant is in the habit of filing fake cases with a view to harass these petitioners. No stolen property has been recovered from them.

Patna High Court CR. MISC. No.2831 of 2020(2) dt.27-02-2020 2/2 Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of their arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-V, Patna City in connection with Fatuha P.S. Case No. 133 of 2017 on the following conditions:

"(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail-bonds shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T