Janak Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12810 of 2019 Arising Out of PS. Case No.-400 Year-2018 Thana- SAKRA District- Muzaffarpur ====================================================== 1.

Janak Mahto and Ors S/O Sukhdev Mahto 2.

Sanjay Mahto S/o Late Lalu Mahto 3.

Sewak Mahto Son of Dhora Mahto All resident of Village- Dedaul, P.S.- Sakara, Distt. Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Thakur For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-04-2019 Heard learned counsel for the parties.

The petitioners are apprehending their arrest in connection with Sakara P.S.Case no.400 of 2018 , registered for offences punishable under Sections 272/273 of the Indian Penal Code.

Allegation as per FIR is of recovery of two motorcycles from the house of the petitioner no.1 and from the petitioner nos. 2 and 3, 71 ltrs. of liquor have been recovered. Submission of the learned counsel for the petitioners is that they have no criminal antecedent and there is nothing in the FIR to show that the motorcycle was stolen and it has been recovered from the abandoned place and he is not residing in the same and they are ready to abide by any condition imposed upon him.

Heard learned A.P.P. also.

Patna High Court CR. MISC. No.12810 of 2019(3) dt.30-04-2019 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur, in connection with Sakara P.S.Cas No.400 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition to co-operate in the investigation and it is also made clear that if they are found involved in such type of cases in future, the prosecution is at liberty to move for cancellation of his bail bond .

Let a copy of this order be communicated to the Sr. S.P., Muzaffarpur.

With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T