Patna High CourtCR. MISC./9390/2017bail granted

Akhilesh Sahani And ANR v. The State Of Bihar

2017-04-13Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9390 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -GAYGHAT District- MUZAFFARPUR ======================================================

1. Akhilesh Sahani Son of Mahendra Sahani,

2. Mukesh Ray Son of Ram Bilash Ray Both resident of VillageLakshman Nagar, P.S.- Gaighat, District- Muzaffarpur. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s : Mr. Sri Narsingh Tanti, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 3.

13-04-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Petitioners are languishing in judicial custody since 13.01.2017 in connection with Gaighat P.S. Case No. 4 of 2017 registered for the offence punishable under Sections 414/34 of the Indian Penal Code.

The prosecution case is that the police, on patrolling duty, while signaled to stop, petitioners tried to escape but on chase they were apprehended with motorcycle, who did not give satisfactory reply regarding ownership of the said motorcycle.

It has been submitted by the learned counsel for the petitioners that the petitioners are innocent and have falsely been implicated in the aforesaid case, and as the

Patna High Court Cr.Misc. No.9390 of 2017 (3) dt.13-04-2017 charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. However, learned A.P.P. for the State opposes the prayer for bail of the petitioners.

Considering the facts and circumstances and materials on record, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Muzaffarpur, in connection with Gaighat P.S. Case No. 4 of 2017.

(Nilu Agrawal, J.) Rajeev/- U T