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Patna High CourtCR. MISC./4206/2020bail granted

Pintu Kumar v. The State Of Bihar

2020-01-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4206 of 2020 Arising Out of PS. Case No.-903 Year-2019 Thana- HAJIPUR District- Vaishali ====================================================== 1.

Pintu Kumar Son of Late Manoj Singh Resident of Village- Manpur, P.S.- Lalganj, District- Vaishali.

2.

Pankaj Kumar Son of Late Manoj Singh Resident of Village- Manpur, P.S.- Lalganj, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh, Advocate For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-01-2020 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in Hajipur Town P.S. Case No. 903 of 2019, registered for the offence punishable under Sections 379 and 411 of the Indian Penal Code. The informant alleged that petitioners were caught by the public when petitioners were stealing informant's bike bearing registration no. BR 31N2551. It is alleged that petitioners had opened the lock of informant's bike and were about to flee, informant raised alarm, people gathered and caught them and handed over to the police. Five motorcycle keys and one iron reti were recovered from possession of these petitioners.

Patna High Court CR. MISC. No.4206 of 2020(2) dt.23-01-2020 2/2 It is submitted by learned counsel appearing on behalf of petitioners that petitioners have falsely been implicated in this case. Public caught the petitioners on suspicion and handed over to the police. Petitioners are full brothers. Petitioners are in custody since 11.10.2019 having clean antecedent. Considering the facts aforesaid, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 903 of 2019, subject to the following conditions:- (i) The petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, their bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Prabhat Kumar Singh, J) vinita/- U T