Shivjee Mallah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17254 of 2018 Arising Out of PS.Case No. -335 Year- 2017 Thana -SIMRI District- BUXAR ======================================================

1. Shivjee Mallah,

2. Jitendra Mallah @ Meta @ Meta Mallah, Both Sons of Uma Shankar Mallah @ Umashankar Chaudhari, Both Resident of Village- Simari (Khaira Patti), P.S.- Simari, District- Buxar. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rajeev Ranjan For the Opposite Party/s : Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-04-2018 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Simri P.S. Case No. 335 of 2017 for the offences punishable under sections 457 and 380 of the I.P.C.

Allegedly, in the night in the shop of the informant theft was committed and earlier to that the petitioners have also committed theft but the matter was settled in the Panchayati and as such it reveals that again the petitioners have committed theft. Submission is of false implication and that no one has seen the petitioners committing theft, nothing has been recovered

Patna High Court Cr.Misc. No.17254 of 2018 (2) dt.09-04-2018 2/2 from his house, only on suspicion the petitioners have been implicated, the petitioners have got no criminal antecedents, the prosecution story appears not probable and reliable, the petitioners are labourers and they have worked and there was dues and when the petitioners demanded their dues they have been implicated in this case.

The learned A.P.P. opposes prayer for pre-arrest bail of the petitioners.

In the facts and circumstances stated above, the petitioners, in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released 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 A.C.J.M-IV, Buxar in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T