Abhay Kumar @ Abhay Yadav @ Abhay Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.17594 of 2017 (2) dt.28-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17594 of 2017 Arising Out of PS.Case No. -153 Year- 2016 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Abhay Kumar @ Abhay Yadav @ Abhay Rai, son of Ashok Rai @ Ashok Kumar Rai @ Ashok Kumar Ray, resident of Village - Rajapur Mathiya, P.S. - Kotwo, District - East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bhuneshwar Pandey, Advocate. For the Opposite Party/s : Mr. Sri S.M. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Sagauli P.S. Case No. 153 of 2016, registered under Sections 379 and 411 of the Indian Penal Code.

The accusation is that three persons named in the F.I.R. including the petitioner after breaking the lock of the motorcycle of the informant trying to take away, but they fell down beneath the bridge. At that time, villages and the informant caught hold the informant and others.

Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case mere on

Patna High Court Cr.Misc. No.17594 of 2017 (2) dt.28-04-2017 suspicion and he is in custody since 21.10.2016. It is further submitted that similarly situated co-accused, Bhukhal Prasad Kushwaha, has already been granted privilege of bail by this Court vide order dated 21.12.2016 passed in Criminal Misc. No. 54424 of 2016.

Having regard to the facts and the circumstances of the case, the petitioners above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, in connection with Sagauli P.S. Case No. 153 of 2016, Out of two sureties, one surety must be the close relative of the petitioners and further the petitioners shall remain present on each and every date during the course of the trial in the court below. If the petitioners fail to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of their bail bonds.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T