Patna High CourtCR. MISC./41373/2016bail granted

Md. Sah Javed And ANR v. The State Of Bihar

2016-10-03Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41373 of 2016 Arising Out of PS.Case No. -88 Year- 2016 Thana -NAYA RAM NAGAR District- MUNGER ======================================================

1. Md. Sah Javed son of Late Md. Sah Hadish, Resident of Village-- Parham, Police Station Naya Ramnagar (Safiabad O.P.), District Munger

2. Md. Nasim son of Late Md. Jumed Ali, Resident at Kara Maidan (Masjid ke Pas), Police Station Kashim Bazar, District Munger .... .... Petitioners

Versus

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

For the Petitioners : Mr. Shivendra Kumar Sinha, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-10-2016 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 17.06.2016 in connection with Naya Ramnagar (Safia Sarai) P.S. Case No. 88 of 2016 for the offences alleged under Section 413 read with Section 34 of the Indian Penal Code.

3. It is submitted that the petitioners have been falsely implicated and there is nothing to indicate that the goods in question recovered from the ambulance belonging to Rajesh Kumar in which the petitioners were also said to be present, were stolen properties. The said co-accused Rajesh Kumar has been granted bail by this Court in Cr. Misc. No. 36306 of 2016. 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 satisfaction of learned Additional Chief Judicial Magistrate-Ist,

Patna High Court Cr.Misc. No.41373 of 2016 (2) dt.03-10-2016 2/2 Munger in connection with Naya Ramnagar (Safia Sarai) P.S. Case No. 88 of 2016 with the following conditions: (i) That one of the bailors of each of the petitioners shall be their close relative.

(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.

(Vikash Jain, J) B.T/Ibrar U T