Amit Kumar @ Amit Kumar Pandey @ Golu And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.43140 of 2017 (3) dt.22-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43140 of 2017 Arising Out of PS.Case No. -71 Year- 2017 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Amit Kumar @ Amit Kumar Pandey @ Golu S/o Bindo Pandey Resident of Village- Khutwaniya, P.S. Kuchay Kot, District- Gopalganj. At Present Address: Police Line, P.S. Bettiah Town, Distt- West Champaran.

2. Naveen Singh @ Naveen Rao @ Navin Singh S/o Shashikant Rao R/VKataiya, P.S. Lauriya, District- West Champaran. .... .... Petitioners/s

Versus

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

For the Petitioners/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-09-2017 The petitioners seek regular bail in connection with Bettiah Muffasil P.S. Case No. 71 of 2017, registered for offences punishable under Sections 147, 323, 341, 324, 307, 379, 364 and 354(B)/ 354(C)/506 and 504 of the Indian Penal Code. Allegation against the petitioner and others is of kidnapping the informant and her mother and assaulting them. It has been submitted on behalf of the petitioners that petitioners have not been named in the F.I.R and no specific allegation of any overt act has been attributed to them and they have been made accused on the basis of identification in T.I.P by mother of the informant of other case. Further petitioners have been in judicial custody since 02.08.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts and as on perusal of T.I.P it does not appear that he has been

Patna High Court Cr.Misc. No.43140 of 2017 (3) dt.22-09-2017 identified in this case and no facts of this case has been mentioned in T.I.P. hence, 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 CJM, Bettiah, West Champaran, in connection with Bettiah Muffasil P.S. Case No. 71 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) 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 be free to move for cancellation of their bail bonds. (Vinod Kumar Sinha, J) sunil/- U T