Md. Rustam And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.25342 of 2018 (2) dt.08-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25342 of 2018 Arising Out of PS.Case No. -57 Year- 2018 Thana -ARARIA District- ARRARIA ======================================================

1. Md. Rustam, S/o Md. Taiyab, R/o Vill.- Biratnagar Katahari, P.S.- Morang, District- Morang (Nepal).

2. Md. Jawed @ Jabir Mian S/o Md. Jahir @ Jahir Main, R/o Vill.- Ranibai Jhumka, P.S.- Rani, District- Morang (Nepal). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 09.02.2018 in connection with Araria P.S. Case No. 57 of 2018 for the alleged offences under Sections 379/511 of the Indian Penal Code.

3. It is submitted that the petitioners have been falsely implicated and the alleged recovery of the wallet of the informant has been made not by the police and by the informant himself, which casts doubt upon the veracity of the accusations. The petitioners claim clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 57 of 2018 on the following conditions:-

Patna High Court Cr.Misc. No.25342 of 2018 (2) dt.08-05-2018 (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T