Munna Nat And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No 52681 of 2017 Arising Out of PS.Case No. -117 Year- 2017 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Munna Nat,
2. Manohar Nat,
3. Bhundeli Nat @ Mundeli Nat @ Bhundel Nat, All Sons of Late Kadam Nat
4. Balkoo Nat, S/o Late Motab Nat, All residents of Village- Ashok Pakari, Tiwari Tola (Nanhkar) P.S.- Pipra, District- East Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr Sanjeev Kumar, Advocate For the S t a t e : Mr Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered under Sections 457/380 of Indian Penal Code.
The petitioners were implicated in Pipra Police Station Case No 143 of 2017 dated 24.06.2017 wherein certain articles were recovered from their house. It is submitted by the counsel for the petitioners that having been so arrested, they have been implicated in the instant case for the alleged offence under Sections 457 and 380 of Indian Penal Code. Counsel for the petitioners submits that only some daily use articles have been
Patna High Court Cr.Misc. No.52681 of 2017 (2) dt.09-11-2017 2/3 recovered from the house of the petitioners which have not been put on test identification parade and save and except the confessional statement, there is no allegation against the petitioners. It is also submitted that the informant has filed a compromise petition stating therein, inter alia, that the matter has been compromised and the parties do not want to prosecute the case. It is further submitted that the petitioners are in custody since 25.06.2017.
Considering the aforesaid submissions, petitioner's prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in Kotwa Police Station Case No 117 of 2017 subject to the following conditions:
(i) That 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 the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.
(ii) That 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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse.
Patna High Court Cr.Misc. No.52681 of 2017 (2) dt.09-11-2017 3/3 (iii) That 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) M.E.H./- U T