Ashok Musahar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51627 of 2021 Arising Out of PS. Case No.-45 Year-2021 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== 1.

ASHOK MUSAHAR SON OF JOGINDRA MUSAHAR R/O VILLAGECHITAWAN, P.S.- DINARA, DIST.- ROHTAS (SASARAM) 2.

BHODA MUSAHAR SON OF SITA RAM MUSAHAR R/O VILLAGECHITAWAN, P.S.- DINARA, DIST.- ROHTAS (SASARAM) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-05-2022 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek regular bail in connection with Ramgarh Police Station Case No. 45 of 2021, registered for the offences punishable under Sections 457/380 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that some unknown miscreants, 12 in number, entered into the house of the informant and committed theft therein. Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in this case on the basis of recovery of stolen articles from the possession of the

Patna High Court CR. MISC. No.51627 of 2021(3) dt.16-05-2022 2/3 petitioners. He further submits that the proper Test Identification Parade of the articles recovered from the houses of the petitioners have not been done and the case is triable by the Magistrate. He further submits that after the arrest of the petitioners in the present case, they have been remanded in three other criminal cases. He further submits that the petitioners are in custody since 14.03.2021 and charge sheet has already been submitted against them and as such there is no likelihood that the petitioners will abscond and/or tamper with the evidence. Regards being had to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that the offence is triable by the Magistrate, charge sheet has already been submitted and the petitioners are in custody since 14.03.2021, I am inclined to grant regular bail to the petitioners.

This application is, accordingly, allowed.

Let the petitioners, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Kaimur, at Bhabhua, in connection with Ramgarh Police Station Case No. 45 of 2021.

Patna High Court CR. MISC. No.51627 of 2021(3) dt.16-05-2022 3/3 This is subject to the condition that the petitioners shall present themselves before the Court, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √