Jai Prakash Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13886 of 2019 Arising Out of PS. Case No.-666 Year-2018 Thana- NARPATGANJ District- Araria ====================================================== 1.

JAI PRAKASH RAM Son of Bikku Ram Resident of Village - Kateya, 22 R.D., P.S.- Bhimnagar Birpur, Distt.- Supaul. 2.

Tanbir Alam Son of Salim Ansari Resident of Village - Biralpur, Ward no.6, P.s.- Birpur, Distt. Supaul.

3.

Mahboob Alam Son of Abdul Matin Resident of Village - Kateya, 22 R.D., P.S.- Bhimnagar Birpur, Distt.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagendra Upadhyay For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-03-2019 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Narpatganj P.S. Case No. 666 of 2018 for the offences punishable under Sections 399, 402, 413, 414 of the Indian Penal Code and Sections 25(1-B)a, 26/35 of the Arms Act. The allegation is regarding the police having received secret information that some miscreants had assembled for committing dacoity and upon the police having arrived at the place of occurrence, it is said to have arrested the miscreants and as far as petitioner no.1 is concerned, one live cartridge was

Patna High Court CR. MISC. No.13886 of 2019(2) dt.06-03-2019 2/3 recovered, as far as the petitioner no.2 is concerned, one country made pistol was recovered and as far as the petitioner no.3 is concerned, no recovery is said to have been made from him. The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and they are having clean antecedent. It is further submitted that the petitioners are languishing in custody since 20.11.2018. Having regard to the facts and circumstances of the case, as far as petitioner nos. 1 and 3, namely, Jai Prakash Ram and Mahboob Alam, are concerned, I deem it fit and proper to direct for release of the said petitioners on regular bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Narpatganj, Araria in connection with Narpatganj P.S. Case No. 666 of 2018.

As far as the petitioner no.2, namely, Tanbir Alam, is concerned, I deem it fit and proper to direct for release of the said petitioner no.2 immediately upon completion of six months of his custody i.e. w.e.f. 20.11.2018 on such condition as may be imposed by the learned court of Chief Judicial Magistrate, Narpatganj, Araria in connection with Narpatganj P.S. Case No. 666 of 2018.

Patna High Court CR. MISC. No.13886 of 2019(2) dt.06-03-2019 3/3 The bail petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U T