Patna High CourtCR. MISC./25195/2019bail granted

Bachan Mushar And ANR v. The State Of Bihar

2019-04-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25195 of 2019 Arising Out of PS. Case No.-80 Year-1984 Thana- PALIGANJ District- Patna ====================================================== 1.

BACHAN MUSHAR Son of Late Shree Mushar Resident of Ejarata, P.S. - Paliganj, District - Patna 2.

Ramayan Mushar Son of Balesher Mushar Resident of Ejarata, P.S. - Paliganj, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Singh For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Section 395 of the Indian Penal Code. The prosecution case in short is that the accused persons committed dacoity in the cousin's house of the informant and looted away several articles.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 7.7.2018 and have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case. It is a case of misuse of bail. The

Patna High Court CR. MISC. No.25195 of 2019(3) dt.24-04-2019 2/2 petitioners had left the State for his livelihood. In his absence, proper pairvi was not made by his pairvikar. Due to lack of knowledge and information, the petitioners could not appear before the Court below. The petitioners had no intention not to abide by the order of the Court. The petitioners undertake to be present on each and every date during trial.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II, Danapur in connection with Paliganj P.S. Case No. 80/84, S. Tr. No. 502/88.

(Sudhir Singh, J) Pankaj/- U T