Raju Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11299 of 2019 Arising Out of PS. Case No.-233 Year-2018 Thana- MUZAFFARPUR RAIL P.S. DistrictSaran ====================================================== 1.

RAJU KUMAR AND ANR Son of Late Jagarnath Sah Resident of MohallaBanaras Bank Chowk, Kamara Mahalla Ward No.16, P.S.- Town, P.S.- Muzaffarpur, District -Muzaffarpur 2.

Md. Amazad son of Late Md. Kalam Resident of Mohalla-Dargah Road, Khajurbanna, Ward No. 5, P.S.- Sultanganj, District - Patna ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamlesh Kumar Pathak For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-04-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Muzaffarpur Rail P.S. Case No. 233 of 2018 registered for the offence punishable under Section 401 and 414 of the Indian Penal Code.

Informant is the Police Officer has alleged that petitioners were found in a suspicious condition on railway platform and on seeing police they tried to flee away but were apprehended after chase and from their possession some cash amount and blades were recovered.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.11299 of 2019(2) dt.05-04-2019 2/2 they have committed no offence and have been arrested only on the basis of suspicion and are in custody since 12.11.2018. 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) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, (Rail), Sonepur (Saran), in connection with Muzaffarpur Rail P.S. Case No. 233 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