Sheo Lal Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.216 of 2018 Arising Out of PS.Case No. -269 Year- 2017 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sheo Lal Ram, Son of Ramavtar Ram, Resident of Village- Hanuman Nagar, P.S.- Kalyanpur, District- East Champaran.

2. Ramkumar, Son of Virendra Mahto @ Birendra Mahto, Resident of Village- Dhekanha, P.S.- Kesariya, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mrs. Suman Kumari Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in connection with Govindganj (Areraj) P.S. Case No. 269 of 2017, G.R. Case No. 6356 of 2017 for offences punishable under Sections 401, 413, 414/34 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that they apprehended two persons, who revealed the name of eight other persons including the petitioners, who were involved in trade of sale of stolen motorcycles. The police apprehended four persons including the two petitioners and from

Patna High Court Cr.Misc. No.216 of 2018 (3) dt.13-02-2018 2/3 their possession stolen motorcycles were recovered. Accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal history and have been falsely implicated in the aforesaid case. He submits that charge-sheet has already been submitted, there is no allegation of tampering of the prosecution witnesses by the petitioners and they are languishing in judicial custody since 14.10.2017. However, learned APP for the State opposes the prayer for bail stating therein that the petitioners were apprehended along with the motorcycle and no documents have been produced by the petitioners.

Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged on bail on completion of six months in custody on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Addl. Chief Judicial Magistrate, East Champaran at Motihari, in connection with Govindganj (Areraj) P.S. Case No. 269 of 2017, G.R. Case No. 6356 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioners having sufficient

Patna High Court Cr.Misc. No.216 of 2018 (3) dt.13-02-2018 3/3 immovable property, who will file an affidavit stating his relationship with the petitioners.

(Nilu Agrawal, J) Rajesh/- U T