Anil Kushwaha And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45552 of 2014 Arising Out of PS.Case No. -274 Year- 2014 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== 1.

Anil Kushwaha, son of Gopalchandra Kushwaha, resident of Pani Tanki, Ward No.14, P.S.-Virganj, District- Parsa, Nepal. 2.

Ram Babu Prasad @ Ram Babu, son of Prema Sah, resident of Manihari Jagarnathpur, P.S.-Virganj, District- Parsa, Nepal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar, Advocate For the Opposite Party/s : Mr. Satyaverat Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 30-01-2015 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners are in custody since 26.08.2014 in a case registered for the offence punishable under Section 414 of the Indian Penal Code.

The allegation against the petitioners is that while they were travelling on a motorcycle, 40 Kg. of silver were recovered from their possession.

It is submitted that the seized articles were purchased from S.D. Jewellers, Chandani Chowk, Delhi and it was not stolen articles. However, after investigation, the charge sheet has been submitted and there is no chance of tempering with the evidence. The petitioners have no criminal antecedent.

Patna High Court Cr.Misc. No.45552 of 2014 (2) dt.30-01-2015 2/2 Considering the facts and circumstances of the case, let the above-named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in Sikarpur P.S. Case No.274/2014 after framing of charge with the following conditions : 1.

One of the bailors will be the close relative of the petitioners.

2.

The petitioners will not indulge in similar or in any other offence.

3.

The petitioners will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, their bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T