Babulal Ganjhu And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13909 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -AMAS District- GAYA ======================================================

1. Babulal Ganjhu Son of Rama Ganjhu, Resident of Village- Gomiya, P.S.- Balumath, District- Latehar (Jharkhand).

2. Yogesh Kumar @ Yugesh Kumar @ Yugeshwar Kumar Son of Bhagwat Ganjhu, Resident of Village- Saraiya, P.S.- Hariganj, DistrictLatehar (Jharkhand). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Kumar Thakur For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-03-2017 Heard the parties.

This application has been filed in connection with Amas P.S.Case No.09 of 2017 for the offence under Sections 255, 260, 261, 379, 420, 467, 468 & 471 of the Indian Penal Code. As per submission of the learned counsel for the petitioners, there is only one allegation against the petitioners that Suvidha DIX form was not available with the them, while their Truck was intercepted but now the petitioners have informed that the same has been deposited. The petitioners are Driver of the Truck and they have remained in custody for about one months. Heard learned A.P.P. also, who could not controvert the fact that only Suvidha D-IX Form was wanting in this case and now

Patna High Court Cr.Misc. No.13909 of 2017 (2) dt.24-03-2017 2/2 the tax has been deposited.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged 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 J.M. Ist Class, Sherghati, District- Gaya in connection with Amas P.S.Case No.09 of 2017 dated 10.01.2017.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U