Chandan Srivastava And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7812 of 2017 Arising Out of PS.Case No. -424 Year- 2016 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Chandan Srivastava, son of Triloki Prasad @ Triloki Prasad Srivastava

2. Santlal Jaiswal, son of Ramanand Prasad, Both residents of village Madhubani Ghat, P.S. Mufasil, District East Champaran

3. Lalan Kumar, son of Nagendra Sah, resident of village Mahnava, P.S. Turkauliya, District East Champaran .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Mufasil P.S.Case No. 424 of 2016 registered for the offences punishable under Sections 272, 273, 279, 427, 474 of the Indian Penal Code and Section 30 of Bihar Prohibition and Excise Act. It has been submitted on behalf of the petitioners that petitioners were accused in another case and in that case on the basis of confessional statement of co-accused the petitioners have been remanded in this case and nothing has been recovered from their possession, rather seized articles have been recovered from the accident site and petitioners are in custody for one and a half months.

Heard learned APP also.

Having heard both sides and considering the fact that names of the petitioners have transpired on the basis of confessional statement and there is nothing against the petitioners

Patna High Court Cr.Misc. No.7812 of 2017 (2) dt.22-02-2017 2/2 and they have remained in custody for one and a half months, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, in connection with Mufasil P.S.Case No. 424 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move the cancellation of their bail.

(Vinod Kumar Sinha, J) spal/- U