Manoj Nut And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.6549 of 2017 (2) dt.22-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6549 of 2017 Arising Out of PS.Case No. -552 Year- 2016 Thana -NAWADA District- NAWADA ======================================================

1. Manoj Nut son of Bachhu Nut

2. Dhananjay Nut, son of Bachhu Nut Both are resident of Village- Belsar, P.S. Norsarai, District- Nalanda.

3. Suraj Nut, son of Arjun Nut, resident of Village Jaisin Bigha, P.S. Muffasil, District- Nawada.

4. Pramod Nut @ Subodh Nut, son of Lala Nut, resident of VillageFaridpur, P.S. Daniyawan, District- Patna. .... .... Petitioners

Versus

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

For the Petitioners : Mrs. Babita Kumari, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-02-2017 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 30.09.2016 in connection with Nawada Town P.S. Case No. 552 of 2016 for the offences alleged under Sections 420/379 of the Indian Penal Code.

3. It is submitted that the petitioners have been falsely implicated and the F.I.R. is against unknown persons. Except suspicion, there is no material to connect the petitioners with the alleged offence. It is submitted that even according to the averments in the F.I.R. the offences under Sections 420/379 of the Indian Penal Code are not made out. The petitioners claim clean antecedents except petitioner no. 2 who is made accused in Jakkanpur P.S. Case No. 84 of 2016.

Patna High Court Cr.Misc. No.6549 of 2017 (2) dt.22-02-2017

4. 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 bond of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Nawada Town P.S. Case No. 552 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioners shall cooperate with the investigation, if not already concluded, 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. (Vikash Jain, J) Md. Ibrarul/Chandran U T