Patna High CourtCR. MISC./47519/2016bail granted

Madan Rathaur And ANR v. The State Of Bihar

2017-01-09Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.47519 of 2016 (2) dt.09-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47519 of 2016 Arising Out of PS.Case No. -146 Year- 2016 Thana -BEUR District- PATNA ======================================================

1. Madan Rathaur, son of Sri Mahendra Rathaur alias Sajjan Rathaur

2. Manoj Rathaur, son of Sri Birendra Rathaur alias Binod Rathaur, Resident of Village- Khedalpura Mushari at and P.S. Bihta, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhola Kumar For the Opposite Party/s Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 09.01.2017 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners seek bail in a case registered under sections 379, 420 and 411/34 of the Indian Penal Code.

No doubt, according to the prosecution case, stolen articles were recovered from the possession of the petitioners and the informant claims to have identified the petitioners but according to the prosecution case itself, alleged recovery was made by the husband of the informant. Moreover, submission on behalf of the petitioners is that they have falsely been implicated in this case and, as a matter of fact, nothing has been recovered from their conscious possession. Petitioners are languishing in jail custody since 17.6.2016 and they do not have any criminal antecedent. Considering the aforesaid facts and circumstances as well as

Patna High Court Cr.Misc. No.47519 of 2016 (2) dt.09-01-2017 submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of Smt. Sarita Rani, Judicial Magistrate, Ist Class, Patna/ concerned court in Beur P.S. Case no. 146/2016.

shahid (Hemant Kumar Srivastava,J) U T