Munarik Bind And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2074 of 2018 Arising Out of PS.Case No. -44 Year- 2017 Thana -KARAI PARSARAI District- NALANDA (BIHARSHARIFF) ======================================================
1. Munarik Bind son of Bilas Bind
2. Satis Prasad son of Late Balchan Mahto @ Bulchan Mahto @ Bulkan Mahto,
3. Vishwanath Bind, son of Late Lal Bihari Bind All residents of village Agarpur, P.S. Karai Parsurai, District Nalanda (Bihar) .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Pravin Kumar, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-01-2018 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are in custody since 30.04.2017 in connection with Sessions Trial No. 483 of 2017 arising out of Karai Parsarai P.S. Case No. 44 of 2017 for the offences alleged under Sections 25 (1-b)(1-c) a/26/35 of the Arms Act.
3. It is submitted that the petitioners have been falsely implicated and admittedly they were not arrested from inside of the vehicle. No recovery of any incriminating articles has been made from their possession and recovery of arms in question is said to have been made from the vehicle with which the petitioners denied having any concern. Co-accused Rajeev Ranjan Kumar being the owner of the vehicle has been granted bail by this Court in Cr. Misc. No. 55343 of 2017 vide order dated 20.11.2017.
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and having regard to the period of custody of the petitioners above named since 30.04.2017, let
Patna High Court Cr.Misc. No.2074 of 2018 (2) dt.15-01-2018 2/2 them be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional District and Sessions Judge-III, Hilsa at Nalanda in connection with Sessions Trial No. 483 of 2017 arising out of Karai Parsarai P.S. Case No. 44 of 2017, on the following conditions:- (i) That one of the bailors of each of the petitioners shall be their close relatives.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(iv) The petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) B.T/Chandran U T