Chhuri Sah And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48913 of 2014 Arising Out of PS.Case No. -228 Year- 2014 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Chhuri Sah Son of Late Nandu Sah
2. Abdul Kadir Son of Islam Dewan
3. Shambhu Prasad Son of Late Bishwanath Prasad, all are resident of village - Ghora Shahan, District - East Champaran. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-02-2015 Heard learned counsel for the petitioners and learned APP for the State.
2.
The petitioners are in custody since 06.08.2014 in connection with Chanpatia P.S.Case No. 228 of 2014 for the alleged offences under Sections 309 and 402 IPC.
3. It is submitted that the seizure list is unreliable considering that the same bears the FIR No. 228 of 2014 and bears the time as 6.55 P.M., whereas the FIR itself has been instituted later on at 09.30 P.M. In any event the articles said to have been recovered are not in the nature of any weapons, but are tools and implements for the petitioners' trade. The petitioners have been implicated on
Patna High Court Cr.Misc. No.48913 of 2014 (2) dt.20-02-2015 mere suspicion and are in custody for more than six months.
5. Having regard to the entirety of the facts and circumstances of the case let the petitioners above named be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of learned A.C.J.M., Bettiah, West Champaran in connection with Chanpatia P.S.Case No. 228 of 2014 with the condition that the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates, their bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran U T