Md. Raja And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8912 of 2017 Arising Out of PS.Case No. -321 Year- 2015 Thana -PANCHRUKHI District- SIWAN ======================================================

1. Md. Raja, S/o Aziz, resident of Village- Makhanpura, P.S.- Kharda, District- 24 Pargana (WB).

2. Md. Hasan, S/o Abdul Samna, Resident of Village- Janpur, P.S.- Keshupur, District- Mansoor.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-04-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The Petitioners seek bail in Pachrukhi P.S.

Case No. 321 of 2015 instituted for the offence under Section(s) 395 of the Indian Penal Code.

It has been submitted that petitioners are not named in the written report. The names of the petitioners have been disclosed by co-accused Shahe Noor.

From the impugned order, it appears that name of these petitioners and other co-accused have been disclosed by co-accused Shahe Noor. It is further mentioned in the impugned order that on the basis of the aforesaid statement, some articles

Patna High Court Cr.Misc. No.8912 of 2017 (3) dt.04-04-2017 2/2 alleged to have been stolen were recovered from co-accused Md. Mustaque and Md. Alamgir. As such, the petitioners were neither named in the written report nor any articles have been recovered from the possession of petitioners. Moreover, co-accused Md. Imran has already been granted bail by a coordinate Bench of this Court vide Cr. Misc. No. 1608 of 2017 on 19.01.2017. In the facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the Petitioners, above named, be released on bail on furnishing bail bond of `10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Pachrukhi P.S. Case No. 321 of 2015, subject to the conditions that both the bailors shall be the close relative of the petitioners.

(Sanjay Priya, J) Shageer/- U T