Rafi Mian @ Rafi Aalam v. The State Of Bihar

Patna High Court Cr.Misc. No.47279 of 2014 (2) dt.10-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47279 of 2014 Arising Out of PS.Case No. -176 Year- 2013 Thana -UCHAKAGAON District- GOPALGANJ ======================================================

1. Rafi Mian @ Rafi Aalam Son of Manzoor Alam Resident of Village - Barari Jagdish, P.S. Uchkagaon, Distt. - Gopalganj. .... .... Petitioner.

Versus

1. The State of Bihar.

.... .... Opposite Party.

====================================================== with Criminal Miscellaneous No.47788 of 2014 Arising Out of PS.Case No. -176 Year- 2013 Thana -UCHAKAGAON District- GOPALGANJ ======================================================

1. Krishna Kumar @ Krishna Bhagat Son of Maya Bhagat Resident of village- Arna Bazar, P.O.- Jhirwan, P.S.- Uchakgaon, District- Gopalganj .... .... Petitioner.

Versus

1. The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

(In Cr.Misc. No.47279 of 2014) For the Petitioner : Mr. Mohammad Sufyan, Advocate. For the State : Mr. R.N.Jha, A.P.P. (In Cr.Misc. No.47788 of 2014) For the Petitioner :Mr. Sanjay Kumar Pandey No-5, Advocate. For the State : Mr. Parmeshwar Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 10-04-2015 Heard learned counsel for the petitioners and learned counsel for the State.

Two bail petitions are being heard together and disposed of by common order as two cases arise in connection with Uchakagaon P.S. Case No. 176 of 2013, registered under Section 392 of the Indian Penal Code.

There is allegation against these petitioners is that they have snatched Rs.20,000/- from the informant.

Patna High Court Cr.Misc. No.47279 of 2014 (2) dt.10-04-2015 Learned counsel for the petitioner in Cr. Misc. no. 47279 of 2014 is that petitioner is in jail custody since 29.05.2014. It is further submitted that he has been made accused in three more cases except this case for offence under Sections 379, 399, 402 and 353 of the Indian Penal Code.

Learned counsel for the petitioner in Cr. Misc. No. 47788 of 2014 submits that petitioner is in jail custody since 07.01.2014. It is further submitted that he has been made accused in seven more cases except this case for offence under Sections 392, 411 of Indian Penal Code as well as Section 25(1-b)A, 26 and 35 of the Arms Act.

Having regard to the facts and circumstances of the case, the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj, in connection with Uchakagaon P.S. Case No. 176 of 2013, subject to condition that one of the bailors shall be near relative like father, brother and wife of the petitioners who will file an affidavit to this effect that petitioners shall not indulge in such activity in future. Further condition that if any case reported against these petitioners then their bail bonds shall stand cancelled. Further condition that petitioners will appear on each and every date fixed in this case and any absence of the petitioners shall be subject to satisfaction of the court below on reasonable ground.

m.p.

(Gopal Prasad, J) U T