Jagat Bahadur And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.14773 of 2016 (2) dt.11-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14773 of 2016 Arising Out of PS.Case No. -555 Year- 2015 Thana -BAHERA District- DARBHANGA ======================================================

1. Jagat Bahadur son of Lal Bahadur resident of village Lamki Tikapur PS Motipur Dist. Kelali (Nepal)

2. Chandra Bahadur son of Tul Bahadur resident of village Lamki Chuha PS Motipur Dist. Kelali (Nepal)

3. Basant Bahadur son of Rang Bahadur resident of village Kalikot Ship Khana PS Man Makhra Chakra Dist. Kalikot (Nepal)

4. Nirmal son of Nanda Budha Bahadur resident of village Naba Gaun Assam PS Mangalsen Dist. Assam (Nepal) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Jha For the Opposite Party/s Mr. Binod Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 11.04.2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners seek bail in a case registered under sections 457 and 380 of the Indian Penal Code.

Petitioners are neither named in the first information report nor anything was recovered from their conscious possession and furthermore, the impugned order shows that three co- accused were arrested in Bahera P.S. Case no. 563/2015 and firearms and other apparatus were recovered from their possession and the aforesaid accused disclosed the names of the petitioners as well as this fact that the petitioners had participated in the crime of the present case. Learned counsel for the petitioners submits that petitioners were arrested in connection with Bahera P.S. Case no. 563/2015 and

Patna High Court Cr.Misc. No.14773 of 2016 (2) dt.11-04-2016 after that they were made accused by police in several cases which had been lodged against unknown.

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 Addl. Chief Judicial Magistrate, Benipur District Darbhanga in Bahera P.S. Case no. 555/2015 subject to condition that one of the sureties must be local and holder of the landed property.

shahid (Hemant Kumar Srivastava,J) U T