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Patna High CourtCR. MISC./30874/2018bail granted

Jamil Tamanna @ Md. Jamil Tamanna And ANR v. The State Of Bihar

2018-07-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30874 of 2018 Arising Out of PS.Case No. -98 Year- 2017 Thana -KIUL RAIL P.S. District- LAKHISARAI ======================================================

1. JAMIL TAMANNA @ MD. JAMIL TAMANNA, S/o- Md. Amanuddin,

2. Afsaro Khatoon, W/o Jamil Tamanna. Both Resident of MohallaSabjibagh, Kasai Tola, P.S.- Pirbahore, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-07-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Kiul/G.R.P. P.S.Case no.98 of 2017 , registered for offences punishable under Sections 379 of the Indian Penal Code. Allegation against the petitioners as per FIR is that ornaments and other valuables as well mobile of the informant were snatched by Rohit Kumar and it is said that from the EMI, ocation of the mobile was traced out that petitioner no.2 was using mobile.

Submission of the learned counsel for the petitioners is that nothing is there to show that in any way they have committed theft and they have no criminal antecedent and they are ready to abide by any condition imposed upon them.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.30874 of 2018 (3) dt.02-07-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, surrender before the court below within a period of six weeks from the date of order and on surrender they will 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 the learned A.C.J.M.-cum-Railway Magistrate, Railway Court, Kiul (Lakhisarai) in connection with Kiul G.R.P. P.S.Case No.98 of 2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

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 investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T