Patna High CourtCR. MISC./51412/2014bail granted

Md. Kare Miyan And ANR v. The State Of Bihar

2015-03-03Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51412 of 2014 Arising Out of PS.Case No. -252 Year- 2014 Thana -BIHPUR District- BHAGALPUR ======================================================

1. Md. Kare Miyan, son of Md. Jalil Ali, resident of Village Narayanpur, P.S. Bihpur (Bhawanipur), District Bhagalpur

2. Vikash Poddar, son of Prakash Poddar, resident of Village Pasaraha (Khagaria) Ward No.20, P.S. Khagaria, District Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Niraj Kumar Yadav For the Opposite Party/s : Mr. Nirmal Kumar Sinha(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-03-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case instituted for the offences under Sections 411, 413 and 414 of the Indian Penal Code.

Allegation has been made for lifting the electric wire. Petitioners were arrested on 27.7.2014, seizure list was prepared on 28.7.2014 and thereafter self statement was recorded on 28.7.2014 and FIR was lodged on 29.7.2014. Though the petitioners were arrested on 27.7.2014 but they were forwarded to the judicial custody on 30.7.2014. Looking to the facts and circumstances, let petitioners, namely, Md. Kare Miyan and Vikash Poddar, be released on

Patna High Court Cr.Misc. No.51412 of 2014 (2) dt.03-03-2015 bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Naugachia in Bihpur (Bhawanipur) P.S. Case No.252 of 2014, subject to the conditions that (i) one of the bailors shall close relative of the petitioners (ii) If the petitioners are found involved in future in similar type of case the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail and (iii) petitioners would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioners.

Vinay/- (Shivaji Pandey, J) U T