Ram Bachan Mushahar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10213 of 2017 Arising Out of PS.Case No. -39 Year- 2016 Thana -THAWE District- GOPALGANJ ======================================================

1. Ram Bachan Mushahar, Son of Late Bharat Mushahar.

2. Shailendra Dushadh, Son of Late Doma Manjhi, Both resident of Village- Dhatiwna/Dhatighna, P.S.- Thawe, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Jeetendra Narayan, Advocate For the Opposite Party/s : Mr. Dr. Ajeet Kumar., Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-03-2017 Heard learned counsel for the petitioners.

The petitioners are apprehending their arrest in connection with Thawe P.S. Case No. 39 of 2016 lodged for the offences punishable under Sections 272 & 273 of the Indian Penal Code and Sectin 47(a) of the Excise Act.

It has been submitted on behalf of the petitioners that nothing has been recovered from the possession of the petitioners rather it is evident from the seizure list that the recovery has been made from the field of one Munna Ram and Ramshankar Ram. The petitioners have clean antecedent.

Heard learned APP also.

Having heard both sides and in view of the fact that nothing has been recovered from the possession of the petitioners,

Patna High Court Cr.Misc. No.10213 of 2017 (2) dt.20-03-2017 2/2 let the petitioners, above named, in the event of their arrest or surrender in the court below within a period of two weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj, in connection with Thawe P.S. Case No.

39 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that the bailors of the petitioners should be local persons having sufficient property within the jurisdiction of the Court, the petitioners shall co-operate in the investigation of the case and assist the police and make themselves available before the police as and when required and that if any further incriminating material comes against them during the course of investigation, the prosecution will be at liberty to move for cancellation of bail bonds of the petitioners. With the aforesaid observations, this application is disposed of.

(Vinod Kumar Sinha, J) S.Pandey/- U T