Shyama Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5594 of 2018 Arising Out of PS.Case No. -187 Year- 2017 Thana -MUFFASIL District- AURANGABAD ======================================================

1. Shyama Devi, W/o Dina Nath Singh, resident of Village- Chechaul, P.S.- Naubatpur, District- Patna.

2. Triyogi Tiwary, S/o Late Devi Dayal Tiwary, resident of Maharaja College Road, P.S.- Nawada (Ara), District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Adv. Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Muffasil P.S. Case No.187 of 2017 registered under Sections 379, 411, 420 and 120B of the of the Indian Penal Code, Sections 3, 4 and 5 of the Bihar Illegal Mines Act and Section 194(1) of the Motor Vehicles Act.

It is submitted by learned counsel for the petitioners that similarly circumstanced other co-accused, namely, Navin Kumar @ Navin Kumar Dubey, Awadhesh Chaudhary, Rajesh Singh, Manoj Kumar Singh, Kamal Kumar Talwar @ Kamal Talwar, Sanjeet Kumar and Mithilesh Kumar @ Mithlesh Kumar

Patna High Court Cr.Misc. No.5594 of 2018 (2) dt.08-02-2018 2/2 have already been granted pre-arrest bail by this Court vide order dated 20.12.2017 passed in Cr. Misc. No.57814 of 2017. He submitted that three other co-accused, namely, Akash Kumar, Dharmendra Yadav and Chintu Kumar @ Radheshyam Yadav having identical allegation to that of the petitioners have also been granted bail by another Bench of this Court vide order dated 18.12.2017 passed in Cr. Misc. No.61017 of 2017. Learned counsel for the State does not dispute the aforesaid contention of the petitioners.

Regard being had to the reasons assigned in the aforesaid orders passed by this Court, in the event of arrest or surrender in the court below within four weeks from today, the petitioners are directed to be released 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 Chief Judicial Magistrate, Aurangabad in connection with Muffasil P.S. Case No. 187 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Pradeep/- U T