Patna High CourtCR. MISC./46737/2018bail granted

Surendra Kumar And ANR v. The State Of Bihar

2018-09-18Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46737 of 2018 Arising Out of PS.Case No. -298 Year- 2017 Thana -RAMPUR District- GAYA ======================================================

1. Surendra Kumar Son of Balchand Yadav Resident of Village- Nagar, P.S. Hunterganj, District- Chatra (Jharkhand).

2. Awadh Kumar Son of Pramod Sao@ Pramod Sah Resident of VillageKaluakala, P.S. Barachatty, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudhir Kumar Sinha, Adv. For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2018 The petitioners are in custody since 14.06.2017 in connection with Rampur P.S. Case No. 298 of 2017, registered for offences punishable under Sections 414, 413/34 of the Indian Penal Code.

Allegation against the petitioners is of recovery of one motorcycle and it appears that earlier prayer for bail of the petitioners was rejected on 17.01.2018 passed in Cr. Misc. No.61771 of 2017 along with Cr. Misc. No. 60860 of 2017 with the observation that petitioners may renew the prayer for bail after six months and also rejected on 16.05.2018 passed in Cr. Misc. No. 28706 of 2018.

Submission of learned counsel for the petitioners is

Patna High Court Cr.Misc. No.46737 of 2018 (2) dt.18-09-2018 2/3 that the petitioners have remained in custody for more than a year and they have no criminal antecedents and is ready to abide by any condition imposed on him for grant of bail.

Heard learned A.P.P. also.

Having heard both sides and considering the aforementioned facts and circumstances, 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 Judicial Magistrate 1st Class, Gaya, in connection with Rampur P.S. Case No. 298 of 2017, with 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

Patna High Court Cr.Misc. No.46737 of 2018 (2) dt.18-09-2018 3/3 two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.

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