Satyendra Nonia And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25030 of 2018 Arising Out of PS.Case No. -81 Year- 2017 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================

1. Satyendra Nonia, S/o Doma Noniya,

2. Mukesh Nonia S/o Dadan Noniya, Both are R/o Vill.- Muri, P.S.- Chainpur, District- Kaimur (Bhabua).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Sunil For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-06-2018 The petitioners are apprehending their arrest in connection with Chainpur P.S. Case No. 81 of 2017, registered for offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioners and others is of killing the son of the informant.

It has been submitted on behalf of the petitioners that from the F.I.R itself it is evident that the petitioner has not fired at the son of the informant rather it was co-accused Chandradeep Nonia, who fired at him and further he fled away with other coaccused of this case. It has further been submitted that the petitioners were only present at the place of occurrence and has no role to play in the murder of the son of informant and further the

Patna High Court Cr.Misc. No.25030 of 2018 (3) dt.22-06-2018 2/3 petitioners have no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur (Bhabhua), in connection with Chainpur P.S. Case No. 81 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (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 shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates

Patna High Court Cr.Misc. No.25030 of 2018 (3) dt.22-06-2018 3/3 without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T