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Patna High CourtCR. MISC./57649/2017bail granted

Harendra Rai And ANR v. The State Of Bihar

2017-12-11Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57649 of 2017 Arising Out of PS.Case No. -149 Year- 2013 Thana -PAROO District- MUZAFFARPUR ======================================================

1. Harendra Rai son of Late Ram Bilas Rai, resident of Village- Jagdishpur, P.S. Paroo, District- Muzaffarpur.

2. Bharat Patel, son of Late Ram Chandra Patel, resident of VillageGangoi, P.S. Paroo, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-12-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Paroo P.S. Case No. 149 of 2013 instituted for the offence under Sections-420, 419, 467, 468, 469, 471, 474 of the Indian Penal Code.

It has been submitted that petitioners have clean antecedent. The raid was conducted in the shop of these petitioners merely on suspicion. Different articles which are alleged to have been recovered from shop of these petitioners as mentioned in the written report, belongs to different customers as petitioners are having photostat shop for the last 20 years. There is no complaint by any authority that duplicate certificates were issued by these petitioners. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event

Patna High Court Cr.Misc. No.57649 of 2017 (2) dt.11-12-2017 2/2 of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Paroo P.S. Case No. 149 of 2013 to the satisfaction of Sri Satish Kumar, learned Sub Divisional Judicial Magistrate, West Muzaffarpur subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if 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.

(Sanjay Priya, J) A.K.V./- U T