Pradeep Kumar Mehta @ Pradeep Mehta And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16719 of 2017 Arising Out of PS.Case No. -90 Year- 2017 Thana -NAWADA District- NAWADA ======================================================

1. Pradeep Kumar Mehta @ Pradeep Mehta, Son of Shri Dwarika Mehta, resident of Lengrapipar, Police Station-Domchanch, District-Koderma (Jharkhand).

2. Rohit Kumar Sharma @ Rohit Sharma @ Rohit Kumar, Son of Shri Murli Sharma, resident of Lengrapipar, Police Station-Domchanch, District-Koderma (Jharkhand).

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Ranjit Kumar Singh, Advocate For the Opposite Party: Mr. Ram Sumiran Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-04-2017 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 16.02.2017 and 15.02.2017, respectively, in connection with Nawada Nagar P.S. Case No. 90 of 2017 for the offences alleged under Sections 379/414 read with Section 34 of the Indian Penal Code.

3. It is submitted that the petitioners have been falsely implicated as they have not been named in the first information report. Subsequently, they have been implicated in the case merely because they happened to be 'Khalasies' of the two trucks in question. No recovery of any incriminating materials has been made from their possession. The petitioners claim clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the

Patna High Court Cr.Misc. No.16719 of 2017 (2) dt.06-04-2017 2/2 satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nawada Nagar P.S. Case No. 90 of 2017 with the following conditions:- (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) B.T/Ibrar U T