Chhotu Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17067 of 2016 Arising Out of PS.Case No. -293 Year- 2015 Thana -RAMPUR District- GAYA ======================================================

1. Chhotu Kumar, son of Late Kapil Yadav @ Kail Yadav.

2. Butta Yadav, son of Late Kapil Yadav @ Kail Yadav. Both resident of Village Gewal Bigha, P.S. Rampur, Dist. Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-04-2016 Heard learned counsel for the petitioners and counsel for the State.

In this case, the petitioners are seeking bail in connection with Rampur Case No. 293 of 2015 for offence under Sections 341, 323, 386 and 34 of the Indian Penal Code. An allegation has been made against the petitioners that they snatched purse having an amount of Rs. 1,000/- and also took away A.T.M. Card and Adhar Card. On alarm, one of the petitioners, namely, Chhotu Kumar was caught read handed at he place of occurrence itself and was arrested.

Looking to the nature of allegation, the petitioner no.1, namely, Chhotu Kumar, having criminal antecedents, be released on bail on 20.6.2016 and the petitioner no.2, namely, Butta Yadav, having no criminal antecedent, be released on 2.6.2016 on

Patna High Court Cr.Misc. No.17067 of 2016 (2) dt.25-04-2016 furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Rampur P.S. Case No. 293 of 2015, subject to the condition that (i) one of the bailors shall be a close relative of the petitioners (ii) if the petitioners are found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of their bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioners would cooperate the proceeding of the court below.

In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds and (iv) the petitioners will report to the Rampur police station by 7th of every month for at least six months and in case of failure without any valid rhyme or reason, the bail of the petitioners will be treated to have been cancelled.