Md. Guddu And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.68335 of 2018 Arising Out of PS. Case No.-476 Year-2018 Thana- KOTWALI District- Patna ======================================================
1. Md. Guddu, Son of Md. Salim, Resident of Village- Rupaspur, Police Station- Rupaspur, District- Patna. A/P Owner of Guddu Gas Cutter Shop, New Market, Police Station- Kotwali, DistrictPatna.
2. Md. Rais Ansari @ Md. Raies Ansari @ Md. Rais, Son of Md. Islam Ansari, Resident of Mohalla- Gyas Nagar, Phulwari Sharif, Police Station- Phulwari Sharif, District- Patna. 3.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No-2 For the Opposite Party/s :
Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-11-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners, who are in custody, seek bail in connection with Kotwali P.S. Case No. 476 of 2018 registered for the offence punishable under Sections 417, 418, 419, 420, 465 and 120(B) of the Indian Penal Code.
Informant is the Assistant Director, Directorate of Training and Appointment, Government of Bihar, Patna who in his written complaint made to Officer-in-charge, Kotwali Police station stated that he has received secret information that for Fitter Trade Practical Examination which is scheduled and for said
Patna High Court Cr.Misc. No.68335 of 2018(2) dt.22-11-2018 2/3 examination the practical job related with Fitter Trade was being prepared on some shops of New Market, Patna and he has apprehension that same will be used to commit unfair means in practical examination.
It has been submitted on behalf of the petitioners that they are innocent and are not concerned with the allegations made in the FIR and they are labourers and workers. Petitioners have no criminal antecedent and they are in custody since 28.07.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna, in connection with Kotwali P.S. Case No. 476 of 2018 subject to the conditions that:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and their absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel their bail bonds.
(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case,
Patna High Court Cr.Misc. No.68335 of 2018(2) dt.22-11-2018 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioners.
(S. Kumar, J) veena/- U T