Dhiraj Kumar @ Dhiraj Jaiswal @ Dhiraj And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42155 of 2017 Arising Out of PS.Case No. -268 Year- 2017 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Dhiraj Kumar @ Dhiraj Jaiswal @ Dhiraj Son of Dinesh Prasad, R/o Village- Musachak, P.S.- Bairgania, District- Sitamarhi.

2. Vivek Kumar Son of Abhinandan Rai, R/o Village- Mohanpur, Ward No. 9, P.S.- Sitamarhi, District- Sitamarhi.

.... .... Petitioners/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioners/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2017 The petitioners seeks regular bail in connection with Sitamarhi P.S. Case No. 268 of 2017, registered for offences punishable under Sections 385, 387 and 120(B) of the Indian Penal Code.

Allegation against the petitioners is of demand of Rangdari from the informant.

It has been submitted on behalf of the petitioners that they have not been named in the F.I.R, their names have surfaced in this case on the basis of confessional statement of co-accused of this case and mobile from which the alleged Rangdari was demanded does not belong to the petitioners. It has also been submitted that though petitioner no. 1 is accused in eight more

cases and petitioner no. 2 is accused in two other cases but they are on bail in all those cases. Further petitioners have been in judicial custody in this case since 03.05.2017. Heard learned A.P.P. also.

Having heard both sides, in view of the fact and circumstances of the case and also in view of the fact that petitioners' name surfaced in this case on confession statement of co-accused and except that there is nothing against the petitioners, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Sitamarhi P.S. Case No. 268 of 2017, 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.

(iv) Petitioners shall mark their attendance in the concerned police station in the first week of each month for a period of one year or till conclusion of trial, whichever is earlier, so that the police may watch his conduct.

It is made clear that failure to comply any of the above conditions shall make the petitioners liable for cancellation of their bail bonds.

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