Patna High CourtCR. MISC./39615/2014bail granted

Shakti Yadav And ANR v. The State Of Bihar

2015-03-19Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39615 of 2014 Arising Out of PS.Case No. -59 Year- 2013 Thana -SAMASTIPUR GRP CASE DistrictSAMASTIPUR ======================================================

1. Shakti Yadav S/O Jay Narayan Rai

2. Jay Narayan Rai S/O Late Singeshwar Rai Both resident of Mohalla Bangali Tola, P.S. Samastipur Town, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad,b Advocate For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-03-2015 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 457, 380, 436, 120B and 427 IPC registered in connection with Darbhanga (Rail) P.S. Case No. 59 of 2013.

3. It is submitted that the petitioners have been falsely implicated merely on the confessional statement of accused persons and admittedly the petitioners are not FIR named accused.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners arrest

Patna High Court Cr.Misc. No.39615 of 2014 (2) dt.19-03-2015 or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate Railway, Samastipur in connection with Darbhanga (Rail) P.S. Case No. 59 of 2013, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

(i) The petitioners shall cooperate with the investigation and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(ii) The petitioners shall remain physically present as and when required during trial and in the event of failure on two consecutive dates, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran U T