Binod Ray And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.48387 of 2015 (2) dt.05-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48387 of 2015 Arising Out of PS.Case No. -70 Year- 2013 Thana -GANGABRIDGE DistrictVAISHALI(HAJIPUR) ======================================================

1. Binod Ray

2. Nanda Ray Both sons of Shatrughan Rai Resident of Village- Terasiya/ Chhaukiya ,P.s Ganga Bridge, disrict Vaishali. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Anish Chandra, Advocate For the Opposite Party : Mr. S.N Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-02-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Ganga Bridge P.S. Case No. 70 of 2013 for the offences instituted under Sections 379 and 411 of the Indian Penal Code.

As per the prosecution that on secret information the informant along with other police personnel conducted raid in the house of the co-accused Shatrudhan Rai and from his house different size of copper cable wire were recovered which were cut from the cable wire installed below the Ganga Bridge and accused persons fled away on seeing the police party. It has been submitted on behalf of the petitioners that the petitioners have been made accused due to mistake of fact.

Patna High Court Cr.Misc. No.48387 of 2015 (2) dt.05-02-2016 Whatever the recovery is said to have been made, it was in the possession of one Shatrudhan Rai. No incriminating article is said to have been recovered from the conscious possession of the petitioners. It is further submitted that the petitioners are ready to deposit an amount of Rs.25,000/- jointly in the court below which shall be subject to the final disposal of the case. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners shall deposit an amount of Rs.25,000/- jointly in the court below which shall be subject to the final disposal of the case and on doing so, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Ganga Bridge P.S. Case No. 70 of 2013 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM/concerned court, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Brajesh Kr./- U T