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Patna High CourtCR. MISC./49809/2018bail granted

Nirmala Devi And ANR v. The State Of Bihar

2018-08-29Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49809 of 2018 Arising Out of PS.Case No. -458 Year- 2018 Thana -SAHARSA District- SAHARSA ======================================================

1. Nirmala Devi, W/o Uday Shankar Bhagat,

2. Ajit Bhagat @ Ajit Kumar Bhagat, S/o Uday Shankar Bhagat, Both are resident of Bharatiya Nagar, BAtraha Ward No.26, P.S.- Saharsa, DistrictSaharsa. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-08-2018 Heard the parties. The petitioners seek anticipatory bail in connection with Saharsa Sadar P.S. Case No.458 of 2018, registered for offences punishable under Sections 379, 406, 120(B) of the Indian Penal Code.

As per F.I.R., allegation against the petitioner is of committing theft in the house of the petitioner. Submission of the learned counsel for the petitioners is that the petitioners have been falsely implicated in this case and there is a case and counter case in between the parties. It is also submitted that there is no specific allegation has been attributed against the petitioners and nothing has been recovered from the

Patna High Court Cr.Misc. No.49809 of 2018 (2) dt.29-08-2018 2/2 possession of the petitioners and the petitioners have no criminal antecedent.

Learned A.P.P. as well as learned counsel for the informant oppose the prayer of bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named on surrender or arrest within six weeks be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Saharsa Sadar P.S. Case No.458 of 2018, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) Sudha/- U T