Pappu Kumar Mukhiya And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49418 of 2017 Arising Out of PS.Case No. -70 Year- 2017 Thana -KISHUNPUR District- SUPAUL ======================================================

1. Pappu Kumar Mukhiya, S/o Sanjay Mukhiya,

2. Sushil Kr. Mukhiya @ Sushin Mukhiya S/o Shambhu Mukhiya @ Shamprabhu Mukhiya, Both R/o Village- Dudhadhari, P.S.- Bhaptiyahi, District- Supaul. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arun, Advocate For the Opposite Party/s : Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-10-2017 Counsel for the petitioners and the State are present. Petitioners are accused in a case registered for offence under section 392 IPC.

FIR alleges that 3 unknown persons snatched informant's motorcycle, mobile set and empty gas cylinder. Counsel for the petitioners submits that they have been implicated in the instant case on the confession of petitioner no.1. there is no recovery from their possession and they are in custody since 5.5.2017. As per paragraph 3 of the bail petition, they are also accused in one other case prior to this case in which the prayer for bail is pending consideration before the court. Charge sheet has also been submitted in the case, so there is no chance of tempering with the investigation.

In the facts of the case, the bail application is allowed.

Patna High Court Cr.Misc. No.49418 of 2017 (2) dt.17-10-2017 Let the petitioners as mentioned above be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul in Kishanpur Police Station Case No. 70 of 2017 on the following conditions:- (a) One of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with him. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (b) The petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse.

(c) The petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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