Bajrangi Agariya And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54194 of 2018 Arising Out of PS.Case No. -28 Year- 2018 Thana -ADHAOURA District- BHABHUA (KAIMUR) ======================================================

1. Bajrangi Agariya, S/o Late Amal Agariya, R/o Vill.- Saryee Nar, P.S.- Adhoura, District- Kaimur at Bhabua.

2. Basant Agariya S/o Tilak Agariya, R/o Vill.- Adhaura, P.S.- Adhoura, District- Kaimur at Bhabua.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan, Adv. For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-10-2018 Heard learned counsel for petitioners and learned A.P.P. for the State.

Petitioners seek bail in Adhoura P.S. Case No. 28/2018 (G.R. No. 1041/18), registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code. Allegation is committing murder of the father of informant and cremating his dead-body.

It has been submitted that petitioners have falsely been implicated in this case. Petitioners are not named in the F.I.R. Their name surfaced in the case on the basis of suspicion. Except suspicion there is no incriminating material against them. Petitioners are in custody since 29.05.2018 and 04.06.2018 respectively.

Patna High Court Cr.Misc. No.54194 of 2018 (4) dt.25-10-2018 2/2 Considering the facts aforesaid, the petitioners abovenamed, are directed to be enlarged 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 Judicial Magistrate Ist Class, Kaimur at Bhabua in connection with Adhoura P.S. Case No. 28/2018 (G.R. No. 1041/18), subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel their bail bonds.

(3.) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) Vinita/- U T