Mantu Kumar @ Saras Yadav @ Saras Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26599 of 2017 Arising Out of PS.Case No. -73 Year- 2016 Thana -ARWAL District- JEHANABAD ======================================================

1. MANTU KUMAR @ SARAS YADAV @ SARAS KUMAR, son of Late Manohar Yadav, resident of Village- Naya Tola, Jurabganj, P.S.- Kordha, District- Katihar.

2. Nehal Kumar, son of Late Dharam Yadav, resident of Village- Naya Tola, Jurabganj, P.S.- Kordha, District- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Uma Shankar Prasad Singh For the Opposite Party/s : Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-06-2017 The petitioners seek regular bail in connection with Arwal P.S. Case No. 73 of 2016, registered for offences punishable under Section 379 of the Indian Penal Code. Allegation against the petitioners that they committed theft of Rs. 4,00,000/- of the informant from the dickey of the motorcycle of one Manoj Kumar.

It has been submitted on behalf of the petitioners that petitioners have nothing to do with the alleged theft. Their names have been dragged in this case only on the basis of suspicion as they have earlier been involved in similar type of cases. Further no recovery has been made from the possession of the petitioners and uptil now no T.I.P. has been conducted and petitioners have been

Patna High Court Cr.Misc. No.26599 of 2017 (3) dt.21-06-2017 2/3 in judicial custody since 26.10.2016.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation and the period of custody and also that petitioners' names transpired in this case ony on the basis of suspicion, as such, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five)each with two sureties of the like amount each to the satisfaction of learned CJM, Arwal, in connection with Arwal P.S. Case No. 73 of 2016, subject to the 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 cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any

Patna High Court Cr.Misc. No.26599 of 2017 (3) dt.21-06-2017 3/3 genuine reasons, the prosecution will be free to move for cancellation of their bail bonds. It is also made clear that if the petitioners again found involved in any of such offence, in future, their bail bonds will be cancelled.

(Vinod Kumar Sinha, J) sunil/- U T