Nandlal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9104 of 2021 Arising Out of PS. Case No.-415 Year-2020 Thana- JOGAPATTI District- West Champaran ====================================================== 1.

Nandlal Kumar, S/o Madan Sah, Resident of Village- Badharwa, P.S. Sirisiya O.P., District- West Champaran.

2.

Ranjeet Kumar, S/o Sobhi Ram, Resident of Village- Badharwa, P.S. Sirisiya O.P., District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :

Ms. Meena Singh, app ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 15-07-2021 The matter has been listed today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in connection with Yogapatti (Sanichari O.P.) P.S. Case No.415 of 2020 registered for the offence punishable under Section 379/411/414/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.9104 of 2021(3) dt.15-07-2021 2/3 The petitioners have allegedly snatched the mobile phone of the informant.

Petitioners' counsel submits that for a simple quarrel, the petitioners have falsely been implicated. The prosecution case itself reveals that the private individuals have handed over the petitioners to the police. Petitioner No.2 has one prior antecedents i.e., a case under the Bihar Prohibition and Excise Act. Petitioner No.1 has no criminal antecedents. Seizure list is not in accordance with law. The petitioners deny and dispute the recovery. They are in custody since 08.10.2020. Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioners' prayer for bail. Accordingly, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran, in connection with Yogapatti (Sanichari O.P.) P.S. Case No.415 of 2020, subject to the following conditions:

(i) That one of the bailors of each of the petitioners will be a close relative of the petitioners who will give an affidavit giving genealogy as to

Patna High Court CR. MISC. No.9104 of 2021(3) dt.15-07-2021 3/3 how he is related with the petitioners concerned. The bailors will also undertake to inform the court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bonds will be liable to be cancelled.

This Court would expect that the petitioners' counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T