Golu Alam And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37505 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -MOTIHARI RAIL P.S. DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Golu Alam, Son of Israil Ansari,

2. Sonu Kumar, Son of Mohan Sah, Both are residents of VillageJiwdhara, P.S.- Pipra Kothi, District- East Champaran. .... .... Petitioners/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioners/s : Mr. Dr. Rajesh Kumar Singh For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2017 The petitioners seek regular bail in connection with Motihari Rail P.S. Case No. 03 of 2017, registered for offences punishable under Section 379 of the Indian Penal Code. It has been submitted on behalf of the petitioners that their names has surfaced in this case only on the basis of confessional statement of co-accused and except that there is nothing against them. It has further been submitted that no recovery has been made from the possession of the petitioners and uptil now no Test Identification Parade has been conducted and they have been in judicial custody since 13.04.2017. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let

the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Railway, Bettiah, in connection with Motihari Rail P.S. Case No. 03 of 2017, subject to the 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) Petitioners shall mark their attendance in the concerned police station in the first week of each month till conclusion of trial so that the police may watch their conduct during the trial .

(iv) The petitioners shall cooperate 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 will free to move for cancellation of their bail bonds.

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