Maikel Dev Nath Rao @ Maikel Dev Nath @ Marsal Dev Nath Rao And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8549 of 2019 Arising Out of PS. Case No.-410 Year-2018 Thana- DARBHANGA SADAR DistrictDarbhanga ======================================================

1. MAIKEL DEV NATH RAO @ MAIKEL DEV NATH @ MARSAL DEV NATH RAO AND ORS S/o Durga Rao Maikel @ Maikel Durga Rao alias Ram Chandra Rai @ Durga Rao Marsal @ Ram Chandra Das R/o villagePurba Kot, P.S- Koro, Dist- Jajpur, Orissa

2. Maikel Prem Nath Rao @ Maikel Prem Nath @ Maikel Prem S/o Durga Rao Mikel @ Maikel Durga Rao alias Ram Chandra Rai @ Durga Rao Marsal @ Ram Chandr Das R/o village- Purba Kot, P.S- Koro, Dist- Rajpur, Orissa

3. Maikel Asu @ Maikel Ansu Son of Maikel Ram Babu R/o village- Narsi Patham, P.S- Narsi Patnam, Dist- Bishakapatnam, Andhra Pradesh ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Ranjan For the Opposite Party/s :

Mr.Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-02-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Sadar (Mabbi O.P.) P.S. Case No. 410 of 2018 registered for the offence punishable under Section 392 of the Indian Penal Code.

Allegation against petitioners is of snatching the bag of informant containing Rs. 1.5 lacs and tried to flee away but one of them was caught by the public after chase who disclosed the names of other accused who managed to flee on seeing the police.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case only on suspicion. No incriminating material has been

Patna High Court Cr.Misc. No.8549 of 2019(2) dt.15-02-2019 2/2 recovered from the possession of petitioners. Petitioners have no criminal antecedent and petitioner No. 1 is in custody since 13.10.2018 and petitioner Nos. 2 & 3 are in custody since 14.10.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga, in connection with Sadar (Mabbi O.P.) P.S. Case No. 410 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and their absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel their bail bonds.

(3) If the petitioners tampers 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.

(S. Kumar, J) veena/- U T