Avinash Kumar And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45727 of 2014 Arising Out of PS.Case No. -7 Year- 2014 Thana -KUTUMBA District- AURANGABAD ======================================================
1. Guddu Mehta @ Guddu Mahto, Son of Kripal Mehta, resident of villageNarahat Amba, P.S.- Amba, District- Aurangabad.
2. Sunil Kumar @ Naresh Mahto, Son of Akhilesh Mehta, resident of village-Dadhapa Bigaha, P.S.-Kutumba, District- Aurangabad. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== With Criminal Miscellaneous No.45770 of 2014 Arising Out of PS.Case No. -7 Year- 2014 Thana -KUTUMBA District- AURANGABAD ======================================================
1. Avinash Kumar, Son of Ramjivan Mahto, Resident of Village - Chandouli, P.S. - Madanpur, District- Aurangabad.
2. Naresh Kumar, Son of Rajendra Mehta, Resident of Village - Dadhapa, P.S. - Kutumba, District- Aurangabad.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In both the applications For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Mr. Sanjay Kr.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 19-03-2015 Both the applications arise out of Kutumba P.S. Case No.7/2014 registered for the offence punishable under Sections 384, 386, 387/34 of the Indian Penal Code, as such, they have been heard together and are being disposed of by this common order.
Patna High Court Cr.Misc. No.45727 of 2014 (4) dt.19-03-2015 2/3 A raid was conducted when the information was received by the police personnel that miscreants have assembled to realize extortion.
It is submitted that the petitioners are not named in the FIR. The name of the petitioners has appeared during investigation. Nothing has been recovered from their possession. The co-accused Sanjay Kumar Verma, who was apprehended on the spot, has been granted bail vide Cr. Misc. No.30515/2014. The petitioners have criminal antecedents in which they are on bail in most of the cases.
The learned counsel for the State submits that after investigation, the case has been found true against the petitioners and they have also criminal antecedents.
Considering the facts and circumstances of the case, let the above-named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in Kutumba P.S. Case No. 7/2014 after framing of charge with the following conditions : 1.
One of the bailors will be the close relative of the petitioners.
2.
The petitioners will not indulge in similar
Patna High Court Cr.Misc. No.45727 of 2014 (4) dt.19-03-2015 3/3 or in any other offence.
3.
The petitioners will be well represented in the court.
4.
In case of absence for two consecutive dates or in violation of the terms of the bail, their bail bond will be liable to be cancelled by the court concerned.
(Amaresh Kumar Lal, J) V.K. Pandey/- U T