Sanjay Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11252 of 2019 Arising Out of PS. Case No.-666 Year-2018 Thana- NARPATGANJ District- Araria ====================================================== 1.

SANJAY KUMAR, (Male) aged about 25 years, Son of Ram Prasad Yadav @ Ram Prasad Gohiwar, Resident of Village -Birpur, Ward no-13, P.S. Birpur, District Supaul.

2.

Manjoor Alam @ lal @ Manjoor, (Male) aged about 35 years, Son of Jamshed Ali Resident of Village - Kateya, 22 RD. , P.S.- Bhimnagar, District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun, Adv.

Mr. Agreya Pratap, Adv.

For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-03-2019 Heard learned counsel for petitioners and learned counsel for the State.

Petitioner, who are in custody, seek bail in connection with Narpatganj P.S. Case No. 666 of 2018 registered for the offences punishable under Sections 399, 402, 413, 414 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act.

Informant who is police officer has alleged that he received a secret information and reached the place and on seeing the police party, five persons who were on two motorcycles tried to escape but they were

Patna High Court CR. MISC. No.11252 of 2019(2) dt.05-03-2019 2/3 apprehended by the police party and on being searched a country made loaded pistol was recovered form the possession of one of the apprehended accused namely Tanweer Alam It has been submitted on behalf of the petitioners that they are innocent and have committed no offence. They have been falsely implicated in this case. Nothing was recovered from the possession of the petitioners. Petitioners have no criminal antecedent and are in custody since 20.11.2018. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria, in connection with Narpatganj P.S. Case No. 666 of 2018, subject to conditions:

(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 shall remain physically present as directed by Court and their absence on two consecutive dates without sufficient reasons, their bail bond shall be cancelled by the court below.

(3) If the petitioners tampers with the evidence or the

Patna High Court CR. MISC. No.11252 of 2019(2) dt.05-03-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (S. Kumar, J) Rajiv/- U T