Patna High CourtCR. MISC./32722/2016bail granted

Md. Rezwan @ Chand Mian And ANR v. The State Of Bihar

2016-09-07Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32722 of 2016 Arising Out of PS.Case No. -763 Year- 2015 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Rezwan @ Chand Mian Son of Sattar Mian, Resident of VillageKhoda Nagar, P.S. Chhatauni, District- East Champaran,

2. Md. Azad son of Md. Ishlam Mian, Resident of Village- Singhia Sagar, P.S.- Banjaria, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 07-09-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case instituted for the offences under Sections 457 and 380 of the Indian Penal Code.

Earlier this Court vide order dated 1.3.2016 passed in Cr. Misc. No.6494 of 2016 rejected the prayer for bail of the petitioners. Petitioners are in jail since 11.12.2015. Having considered the facts and circumstances of the case, let petitioners, namely, Md. Rezwan alias Chand Mian and Md. Azad, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like

Patna High Court Cr.Misc. No.32722 of 2016 (3) dt.07-09-2016 amount each to the satisfaction of the Judicial Magistrate, Ist Class, East Champaran, Motihari, in connection with Motihari Town P.S. Case No. 763 of 2015, subject to the conditions that (i) one of the bailors shall be a close relative of the petitioners (ii) If the petitioners are found involved in future in similar type of case the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail and (iii) petitioners shall mark their presence before the nearest police station by 7th of every month till six months (iv) petitioners would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioners.

(Shivaji Pandey, J) Vinay/- U T