Amit Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38946 of 2014 Arising Out of PS.Case No. -123 Year- 2014 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Amit Kumar Son of Asharfi Sah Resident of Court Bazar, Ward No. 12, P.S. - Sitamarhi, District - Sitamarhi

2. Lallan Kumar @ Laliya Son of Late Shankar Sah. Resident of Court Bazar, Ward No. 12, P.S. - Sitamarhi, District - Sitamarhi .... .... Petitioner.

Versus

1. The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. Shailendra Kr. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 14-01-2015 Heard the learned counsel for the petitioners and the learned additional public prosecutor.

The petitioners are in custody in connection with Sitamarhi P.S.Case No. 123/2014 for the offence under Section 392 of the Indian Penal Code.

The learned counsel for the petitioners has submitted that the petitioners have been apprehended on the basis of the statement made by the co-accused and the rickshaw puller. It has been further stated that the said co-accused has been granted bail by this Court in Cr.Misc.No. 23509/2014 and even the rickshaw puller has also been granted bail by this Court in Cr.Misc.No. 19318/2014.

Patna High Court Cr.Misc. No.38946 of 2014 (2) dt.14-01-2015 The learned additional public prosecutor has submitted that the petitioners are also involved in other cases as mentioned in the bail application.

In view of the facts and circumstances of the case and after considering the submissions, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties each of the like amount each to the satisfaction of Leaned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S.Case No.123/2014 subject to the following conditions:

I.

The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such fact to the Court;

II.

The petitioners shall be well represented on each date in the court below and their failure to do so on two sequential dates shall entail cancellation of their bail bonds;

III.

The petitioners shall abide by the above conditions scrupulously and in case of violation of any of the conditions, the prosecution would be at liberty to

Patna High Court Cr.Misc. No.38946 of 2014 (2) dt.14-01-2015 move the Court for cancellation of bail.

(V. Nath, J) Nitesh/- U