Narayan Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18283 of 2016 Arising Out of PS.Case No. -29 Year- 2016 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Narayan Sah, S/o Bidya Sah, R/o Village Chintamanpur, P.S. Pipra, District- East Champaran, Motihari.
2. Jitu Sahani, S/O Late Bai Vidyanath Sahani, R/o Village Ramgardhwa, Tajiapur (Naya Tola), P.S. Pipra District East Champaran, Motihari. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Amit Kr. Rakesh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek bail in a case instituted for the offences under Sections 379, 411 of the Indian Penal Code and Section 7 of the Essential Commodities Act. Allegation has been against these petitioners along with others they have committed theft of oil from the tanker. Raju Singh was the driver of the tanker who was the main actor of show has been granted bail by this Court vide Cr. Misc. No. 17619 of 2016 and Harendra Choudhary has been granted bail vide Cr. Misc. No.17816 of 20916.
Having considered the facts and circumstances of the
Patna High Court Cr.Misc. No.18283 of 2016 (2) dt.02-05-2016 case, let petitionerd, Narayan Sah and Jitu Sahani, 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 Chief Judicial Magistrate, Motihari in Pipra P.S. Case No.29 of 2016, subject to the conditions that (i) one of the bailors shall be a close relative of the petitioner (ii) If the petitioner is found involved in future in similar type of case the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail and (iii) petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioner.
(Shivaji Pandey, J) Vinay/- U T