Bhola Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22628 of 2019 Arising Out of PS. Case No.-1043 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== 1.

BHOLA PATEL, son of Baliram Patel, 2.

Arjun Patel, son of Barliram Patel, both resident of village- Sirisiya, Khalwa Tola, P.S- Birganj, District- Parsa (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 09-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in Bettiah Town P.S. Case No.1043 of 2018 instituted for the offence under Section(s) 399, 402, 414 Indian Penal Code and Sections 25(1-B)(a), 26, 35 of the Arms Act.

It is alleged in the written report that five persons were apprehended by the police on the information that they have assembled to commit crime. It is further alleged that firearms were recovered from possession of three persons, namely, Lavkesh Kumar, Deependra Sah @ Stock and Shekhar Patel.

Counsel for the petitioners submits that there is no

Patna High Court CR. MISC. No.22628 of 2019(2) dt.09-04-2019 2/2 recovery from possession of the petitioners.

Petitioners are in custody since 06.12.2018.

In the facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Bettiah Town P.S. Case No.1043 of 2018, subject to the condition that both the bailors shall be close relative of the petitioners.

Further, (i) the petitioner will remain present on each and every date of trial, (ii) His absence on two consecutive date(s) without any reasonable cause will make his bail bond liable to be cancelled, and (iii) the petitioner will not intimidate the witnesses in any way and will not hamper the trial. (Sanjay Priya, J) J. Alam/- U T