Rakesh Bind And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52567 of 2018 Arising Out of PS.Case No. -226 Year- 2017 Thana -KUDRA District- BHABHUA (KAIMUR) ======================================================

1. Rakesh Bind Son, of Birendra Bind.

2. Rahul Kumar, Son of Munshi Bind. Both Resident of Balipur, P.S. Kurdra, Distt. Kaimur (Bhabua).

3. Pintu Bind, S/o Lakhan Bind.

4. Shiv Charan Kumar Bind, Son of Shiv Murat Bind. Both Resident of Village- Mathanchak, P.S. Kudra, Distt. Kaimur (Bhabua). .... .... Petitioners

Versus

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

For the Petitioners : Mr. Vinod Kumar Seth,Advocate. For the Opposite Party : Smt. Madhuri Lata, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-09-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 414/34 of the IPC. The prosecution story, in brief, is that on the basis of secret information, raid was made at the house of co-accused Shyam Bihari Bind and Guddu Bind and found submersible Pump. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have been made accused in

Patna High Court Cr.Misc. No.52567 of 2018 (2) dt.11-09-2018 2/2 the present case due to mistake of fact. The names of the petitioners have been disclosed by the co-accused Shyam Bihari Bind. No stolen property is alleged to have been recovered from possession of this petitioners.

On behalf of the learned counsels for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Kaimur (Bhabua), in connection with Kudra P.S. Case No. 226 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T