Dinesh Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50866 of 2016 Arising Out of PS.Case No. -247 Year- 2016 Thana -MOTIPUR District- MUZAFFARPUR ======================================================
1. Dinesh Kumar, S/o Baijnath Sahni
2. Pappu Kumar, S/o Achhelal Sahni. Both resident of village - Sheikhpur, P.S. Ahiyapur, District Muzaffarpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 25-11-2016 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners are languishing in custody since 20.08.2016 in connection with Motipur P.S. Case No. 247/16 for offences punishable under Sections 379, 411 of the Indian Penal Code.
The prosecution case is that the petitioners have stolen cash of Rs. 700/- mangalsutra and silver bracelet of the informant while she was travelling in a bus.
It has been submitted by the learned counsel for the petitioners that nothing incriminating has been recovered from the possession of the petitioners, they have no criminal history and the charge-sheet has already been submitted against them, hence,
Patna High Court Cr.Misc. No.50866 of 2016 (2) dt.25-11-2016 2/2 there is no chance of tampering with the evidence. However, learned APP for the State submits that the petitioners are named in the First Information Report, hence, opposes the prayer for bail.
Considering the facts and circumstances and the period of custody, let petitioners, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate (West), Muzaffarpur, in connection with Motipur P.S. Case No. 247/16. (Nilu Agrawal, J.) Rajesh/- U T