Gopal Hembram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32935 of 2016 Arising Out of PS.Case No. -79 Year- 2016 Thana -DHAMDAHA District- PURNIA ======================================================

1. Gopal Hembram son of late Kali Hembram, resident of Village- Sakhua, Tola, Police Station Dhamdaha in the district of Purnea.

2. Kailu Mandal@Tainu@Tainu Mandal son of late Saryug Mandal, Resident of Village- Gorhiyari Tola, Police Station Bhawanipurin the district of Purnea.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Raj Kumar, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-08-2016 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 30.04.2016 in connection with Dhamdhaha P.S. Case No. 79 of 2016 for the offences alleged under Sections 272, 273 of the Indian Penal Code and Sections 47(A) and 47 of Bihar Excise Act, 2016.

3. It is submitted that the petitioners have been falsely implicated owing to village politics. It is further submitted that the seizure list was not prepared in presence of the petitioners. Petitioners claim clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case and the period of custody suffered, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of Sri L.B. Paswan, learned Judicial Magistrate Ist Class, Purnea in connection with Dhamdhaha P.S. Case No. 79 of 2016, G.R. No. 1236 of 2016 with the following

Patna High Court Cr.Misc. No.32935 of 2016 (2) dt.22-08-2016 2/2 conditions:

(i) That one of the bailors of each of the petitioners shall be their close relative.

(ii) That the petitioners shall not indulge in any similar offence.

(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/BT U T