Manohar Nut And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55020 of 2015 Arising Out of PS.Case No. -33 Year- 2015 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Manohar Nut Son of Kadam Nut
2. Ravindra Nut Son of Late Bideshi Nut Both residents of village - Sirsiya, P.S. Piprakothi, District - East Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-02-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 457 and 380 of the Indian Penal Code. Allegation against the petitioners is that they committed theft of utensils, clothes and ornaments amounting to Rs.85,000/- from the house of the informant.
It is submitted on behalf of the petitioners that they have got no criminal antecedent. They are named in the F.I.R. From perusal of para-36 of the case diary it appears that independent witnesses have not supported the prosecution case. There is no recovery of any incriminating article from the possession of the petitioners. They have been falsely implicated in the present case. On behalf of the State, it is submitted that petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each
Patna High Court Cr.Misc. No.55020 of 2015 (4) dt.22-02-2016 2/2 with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sadar at Motihari, East Champaran, in connection with Piprakothi P.S. Case no. 33 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) sudip/- U T