Bhola Singh @ Bhola Patel @ Chandu @ Chandra Prakash And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32028 of 2017 Arising Out of PS.Case No. -191 Year- 2016 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================
1. Bhola Singh @ Bhola Patel @ Chandu @ Chandra Prakash, Son of Ram Kripal Singh, Resident of Village- Maudihan, P.S.- Nokha, DistrictRohtas.
2. Vikki Patel @ Vikki @ Chandan Kumar, Son of Bijendra Singh, Resident of Village- Esarpura, P.S.- Nokha, District- Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhinay Raj For the Opposite Party/s : Sri Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-08-2017 This application is for grant of regular bail in connection with Nokha P.S. Case No. 191 of 2016 registered for the offence(s) under section(s) 379 of the Indian Penal Code. Petitioners are not named in the FIR and their names transpired on the basis of confessional statement of co-accused. The case is of section 379 of the Indian Penal Code. The allegation is of snatching the bag from the Bank Agent.
Submission of the learned counsel for the petitioners is that except confessional statement of the co-accused, there is nothing against the petitioners, though there is criminal antecedent of the petitioners which has been mentioned in paragraph 3 of this application. Further submission is that the co-accused has already
Patna High Court Cr.Misc. No.32028 of 2017 (3) dt.01-08-2017 2/3 been granted bail by this Court, vide order dated 10.04.2017 passed in Cr. Misc. No. 16361 of 2017 and now the petitioner is in custody for about three months.
Heard learned Additional Public Prosecutor also. Having heard both sides and in view of the facts and circumstances as stated above, this application is allowed. Let the petitioners, above named, be enlarge on bail on furnishing bail bond of Rs. 25,000/-(Rs. Twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-V, Rohtas at Sasaram in connection with Nokha P.S. Case No. 191 of 2016, subject to the 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 their part to appear before the court below on two consecutive dates without showing any genuine rhyme or reasons, the prosecution will have liberty to move for cancellation of their bail.
Patna High Court Cr.Misc. No.32028 of 2017 (3) dt.01-08-2017 3/3 (iv) If the petitioners are found involved, in future, in similar type of offence, their bail shall be cancelled. (Vinod Kumar Sinha, J) Mahesh/- U T