Narayan Kumar @ Narayan Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50554 of 2016 Arising Out of PS.Case No. -128 Year- 2016 Thana -AIRPORT District- PATNA ======================================================

1. Narayan Kumar @ Narayan Sah, son of Dukhi Sah

2. Hare Ram Kumar Sah @ Hareram Sah, son of Sri Dukhi Sah Both residents of village Mungaraha, P.S. Bharavna, District Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar, Advocate For the Opposite Party/s : Mr. (Dr.) Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-11-2016 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are languishing in custody since 22.08.2016 in connection with Hawai Adda P.S. Case No. 128/16 for offences punishable under Sections 419, 420, 467, 468, 464/34 of the Indian Penal Code.

The prosecution case as lodged on the basis of the written information given by the Assistant Programme Officer, is that in the interview of ITI CAT Examination, 2016 petitioner no. 1 was found impersonating his brother petitioner no.2 in the written examination.

It has been submitted by the learned counsel for the petitioners that both the petitioners are students and brothers, charge-sheet has already been submitted against them and they are

Patna High Court Cr.Misc. No.50554 of 2016 (2) dt.23-11-2016 2/2 in custody since last three months. From the materials, it does not reveal that any incriminating materials warrant further detention of the petitioners in custody and does not reveal that petitioners liberty on bail would adversely affect their trial. In the interest of justice, the petitioners, above named, are directed to be enlarged 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 Sri Saurav Singh, learned Judicial Magistrate, Patna in connection with Hawai Adda P.S. Case No. 128/16.

This direction of bail is further subject to the condition that the accused petitioners above named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear before the learned Court below as and when required.

With the observation and direction aforesaid, this application stands allowed.

(Nilu Agrawal, J.) Rajesh/- U T