Suresh Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28592 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -SAHODARA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Suresh Ram, Son of Late Gokhul Hazara,

2. Govind Mahto @ Govind Prasad Mahto, Son of Bhagar Mahto, Both are Resident of Village- Rajpur, P.S.- Sahodara, District- West Champaran.

3. Suresh Mistri @ Suresh Prasad Kushwaha, Son of Mukhi Kushwaha , R/o Village- Narkatiyaganj, P.S.- Shikarpur, District- West Champaran. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Sahodara P.S. Case No. 30 of 2017 for the offences instituted under Sections 379/34 of the Indian Penal Code and Rules 4 of B.M.M.C. Rules, 1972.

The allegation against the petitioners is that they along with other co-accused stealthily used to excavate stone at village Rajpur within the jurisdiction of Sahodara.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court Cr.Misc. No.28592 of 2017 (2) dt.06-07-2017 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case merely on the basis of suspicion. There is no other substantive evidence to suggest their implication in the present case.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Sahodara P.S. Case No. 30 of 2017 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bettiah, West Champaran, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T