Shyam Sundar Prasad And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29802 of 2018 Arising Out of P.S.Case No. -50 Year- 2014 Thana -GURUA District- GAYA ======================================================
1. Shyam Sundar Prasad, Son of Sodhan @ Sohan Mahto,
2. Dhananjay Prasad, Son of Kishori Prasad, Both are residents of VillagePranpur, Police Station- Paraiya and District- Gaya. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 02-07-2018 Heard learned counsel for the petitioners as well as learned APP for the State.
The petitioners are in custody in connection with Gurua P.S.Case No.50 of 2014 registered for an offence under Section 395 of the IPC.
It has been submitted that the case has been registered against two named and four unknown miscreants. In course of investigation, three persons were arrested and they disclosed the name of this petitioner. The said accused have been allowed bail by another coordinate Bench of this Court in Cr.Misc.Nos.51277 of 2014 and 45138 of 2014. The petitioner is in custody since 22.03.2018 having two cases on his head in which he is on bail. The case of this petitioner stands on better footing and so he deserves bail.
Patna High Court Cr.Misc. No.29802 of 2018 (3) dt.02-07-2018 2/2 The learned APP opposed the submissions.
Considering the aforesaid facts and circumstances, prayer for bail is allowed. Let the above named petitioners be released 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 Sri Gorakhnath Dubey, Judicial Magistrate, Ist Class, Sherghati, Gaya in connection with Gurua P.S.Case No.50 of 2014 with following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Sanjay Kumar, J) B.Kr./- U T