Govind Mishra And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13580 of 2017 Arising Out of PS.Case No. -35 Year- 2016 Thana -SACHIWALAYA District- PATNA ======================================================

1. Govind Mishra, Son of Late Shambhu Mishra, Resident of VillageBhavangama, Near Power House, P.S.-Krishnagarh (Saraiya), DistrictBhojpur At Present Chaurasiya Chowk, Back of Petrol Pump, P.s.-Industrial Area, District-Vaishali

2. Mintu Pandey, Son of Ramu Pandey, Resident of Village-Bhavangama, Near Power House, P.S.-Krishnagarh (Saraiya), District-Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2017 Heard learned counsel for the petitioners.

The petitioners seek bail in a case for the offences punishable under Section 379 of the Indian Penal Code. It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present only on suspicion. There is no recovery from them. No doubt they have been made accused in several others cases as stated in para 3 of the petition but in all those cases they have been released on bail. In this case they have been in custody for about four months. Heard learned A.P.P. also, who opposes the prayer of bail. Except suspicion he could not point out any material

Patna High Court Cr.Misc. No.13580 of 2017 (3) dt.04-04-2017 2/2 against them.

Having heard both the sides and in view of the fact that except suspicion there is no material against them, let above named petitioners be released on bail on furnishing bail bond of Rs. 25,000/-(twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-cum- Sub Judge-III, Patna, in Sachivalaya P.S.Case No. 35 of 2016, subject to the conditions that (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned and (2) petitioners shall cooperate in the investigation and make themselves available before the police as and when required and in the event of failure on their part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of their bail bonds and further will not induce any witness or tamper with the evidence.

(Vinod Kumar Sinha, J) singh/- U T