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Patna High CourtCR. MISC./35852/2019bail granted

Md. Nehal v. The State Of Bihar

2019-11-06Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49765 of 2019 Arising Out of PS. Case No.-226 Year-2018 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Munna Singh Son of Ranjeet Singh @ Ram Babu Singh @ Ramjeet Singh Resident of Village - Rampur, Post Office - Basuhar, Via - Punpun, Pin Code - 804453, P.S.- Punpun, Distt - Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 35852 of 2019 Arising Out of PS. Case No.-226 Year-2018 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Md. Nehal Son of Md. Kallu Resident of Village- Murgiyachak, Ishopur, P.S.- Phulwarisharif, District- Patna.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 49765 of 2019) For the Petitioner/s :

Mr.Shyam Kishore Sinha, Advocate For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP (In CRIMINAL MISCELLANEOUS No. 35852 of 2019) For the Petitioner/s :

Mr.Nafisuzzoha, Advocate For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-11-2019 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in Laheri P.S. Case No. 226 of 2018, registered for the offence punishable under Sections 461 and 379 of the Indian Penal Code.

Prosecution case is that some unknown persons

Patna High Court CR. MISC. No.49765 of 2019(5) dt.06-11-2019 2/3 committed theft of cash from the A.T.M.

It is submitted by learned counsel appearing on behalf of petitioners that petitioners have falsely been implicated in this case. F.I.R is against unknown. Nothing has been recovered from possession of these petitioners. Petitioners have been remanded in this case. Charge-sheet has already been submitted. Other co-accused have been granted bail by different Coordinate Benches of this court vide order dated 10.05.2019 passed in Cr. Misc. No. 13725 of 2019 and order dated 27.06.2019 passed in Cr. Misc. No. 23119 of 2019. Petitioners are in custody since 19.11.2018.

Considering the facts aforesaid, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I-cum-Incharge Chief Judicial Magistrate, Biharsharif, Nalanda in connection with Laheri P.S. Case No. 226 of 2018, subject the following conditions:- (i) The petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates

Patna High Court CR. MISC. No.49765 of 2019(5) dt.06-11-2019 3/3 without sufficient reasons, their bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Prabhat Kumar Singh, J) vinita/- U T