Patna High CourtCR. MISC./29809/2015bail granted

Neyaz Dewan @ Nayam Dewan And ANR. v. The State Of Bihar

2015-10-16Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.29809 of 2015 (3) dt.16-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29809 of 2015 Arising Out of PS.Case No. -205 Year- 2014 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Neyaz Dewan @ Nayam Dewan Son of Harun Dewan

2. Amzad Ali Son of Kamrudin Dewan Both are resident of village - Machchargawa, P.S. Yogapatti, District - West Champaran .... .... Petitioners

Versus

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

For the Petitioners : Mr. Mukesh Kumar For the Opposite Party : Mr. P.K.Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-10-2015 Heard the counsel for the petitioners and counsel for the State.

The petitioners are languishing in jail since 08.05.2015 in a case instituted under Sections 379 of the Indian Penal Code. As per allegation, it is a case of theft of transformer wire and oil which is loss of government money of Rs.55,000/- by the accused persons.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 08.05.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner. Petitioners are not named in the FIR. Petitioners have been made accused due to mistake of fact. It is

Patna High Court Cr.Misc. No.29809 of 2015 (3) dt.16-10-2015 further submitted that the petitioners may be released after completion of nine months in custody from 08.05.2015. On behalf of the State, it has been submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances, it is directed that the petitioners be released after completion of nine months in custody from 08.05.2015 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction learned Sub Divisional Judicial Magistrate Bettiah, West Champaran in connection with Yogapatti P.S.Case No.205 of 2014.

(Sudhir Singh, J) B.Kr./- U T