Golu Alam And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36119 of 2017 Arising Out of PS. Case No.-6 Year-2017 Thana- MOTIHARI RAIL P.S. District- West Champaran ====================================================== 1.

Golu Alam, son of Israil Ansari 2.

Sonu Kumar, son of Mohan Sah. Both are Resident of VillageJiwdhara, P.S.- Pipra Kothi, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Rajesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-09-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Petitioners are languishing in judicial custody since 13.04.2017 in connection with Motihari Rail P.S. Case No. 06 of 2017 registered for the offence punishable under Section 379 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that he had gone along with his cousin on a motorcycle for railway ticket reservation on the railway station and when came back, he found his motorcycle missing.

It has been submitted by the learned

Patna High Court Cr.Misc. No.36119 of 2017(3) dt.12-09-2017 2/3 counsel for the petitioners that they are innocent, not named in the First Information Report and have been falsely implicated. He submits that they were caught by the police while on the road and have been remanded thereafter in two more cases. He submits that nothing has been recovered from their conscious possession and that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioners. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioners, named above, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Railway, Bettiah in connection with Motihari Rail P.S. Case No. 06 of 2017, subject to the condition that both the bailors would be close relative of the petitioners and that if, in future, petitioners indulge in an offence of similar nature, the prosecution will be at

Patna High Court Cr.Misc. No.36119 of 2017(3) dt.12-09-2017 3/3 liberty to move the learned Court below for cancellation of their bail bonds.

(Nilu Agrawal, J.) arjun/- U T