Madan Mukhiya And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.52611 of 2017 (2) dt.14-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52611 of 2017 Arising Out of PS.Case No. -150 Year- 2016 Thana -PANDAUL District- MADHUBANI ======================================================

1. Madan Mukhiya, Son of Asharfi Mukhiya,

2. Santosh Mukhiya, Son of Asharfi Mukhiya, Both residents of VillageBarka Malahtoli, Budhan Jha TOl, Police Station- Pandoul, DistrictMadhubani. .... .... Petitioners/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioners/s : Mr. Shailendra Kumar Jha For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-11-2017 The petitioners seek regular bail in connection with Pandaul P.S. Case No. 150 of 2016, registered for offences punishable under Section 380 and 411 of the Indian Penal Code. Allegation against the petitioners is of committing theft in the house of the informant.

It has been submitted on behalf of the petitioners that petitioners' names have surfaced in this case on their confession made in other case and except that there is nothing against them to connect them with the present case. Further they are in custody for last ten months and though petitioner no. 1 is accused in four other cases and petitioner no. 2 is accused in two more cases but they are on bail in those cases.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let

Patna High Court Cr.Misc. No.52611 of 2017 (2) dt.14-11-2017 the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Madhubani, in connection with Pandaul P.S. Case No. 150 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 reasons, the prosecution will be free to move for cancellation of their bail bonds. (Vinod Kumar Sinha, J) sunil/- U T