Gautam Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16123 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -RAJAULI District- NAWADA ======================================================

1. Gautam Kumar S/o Nandu Sharma resident of village - Abdalpur, P.S. - Warsaliganj, District - Nalanda.

2. Gorelal @ Gorelal Yadav S/o Shree Chand Gope Resident of Village - Merari Balua, P.S. - Tharthari, District - Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anil Kumar No.1, Advocate For the Opposite Party/s : Mr. Sri Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-04-2017 Heard learned counsel for the petitioners.

The petitioners seek regular bail in connection with Rajauli P.S. Case No. 19 of 2017 registered for offences punishable under Sections 379/414 of the Indian Penal Code. The allegation against the petitioners is that they were moving with the stone chips in the truck without having challan.

It has been submitted on behalf of the petitioners that the challans have been obtained in the month of April, 2017 and the petitioners are drivers of the truck and they have nothing to do with the stone chips. They have remained in custody for about two months.

Patna High Court Cr.Misc. No.16123 of 2017 (2) dt.08-04-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in connection with Rajauli P.S. Case No. 19 of 2017.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) S.Pandey/- U T