Uttam Patel And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49946 of 2017 Arising Out of PS.Case No. -637 Year- 2016 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Uttam Patel son of Chhatish Patel @ Satish Singh

2. Nilesh Patel son of Vijay Singh Both are residents of Village - Sikathi, P.S. - Bhabua, District - Kaimur (Bhabua).

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vinod Kumar Seth For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-01-2018 Heard the counsels for the parties.

The petitioners seek bail in connection with Bhabua P.S. Case No. 637 of 2016 dated 01.11.2016 instituted for the offence under Sections 386/34 of the Indian Penal Code. On secret information that the protection money is being realized from the tempo drivers, a raid was conducted in which two of the accused persons, viz. Rishi and Bihari were arrested collecting rupees twenty per day from the tempo drivers plying their vehicles from Bhabua to Darauli. The aforesaid two persons are said to have disclosed the names of the petitioners as the persons on whose behalf the money was being collected. Learned counsel for the petitioners has submitted that the allegation against the petitioners is only based

Patna High Court Cr.Misc. No.49946 of 2017 (5) dt.10-01-2018 2/2 on the statements of Rishi and Bihari who were arrested on the spot. Two bank account numbers which have been given by the aforesaid two arrested persons do not belong to the petitioners. Though the petitioners have been made accused in the past in a number of cases, but in all such cases, they have been granted bail. In the present case, the petitioners are said to be in custody since 09.11.2016 and charges have already been framed on 20.06.2017. Regard being had to the aforesaid facts, this Court is inclined to grant bail to them.

The petitioners, above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each with sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua P.S. Case No. 637 of 2016 (G.R. No. 2754/2016).

(Ashutosh Kumar, J) Shageer/- U T