Rahul Bihari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5296 of 2017 Arising Out of PS.Case No. -307 Year- 2016 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ======================================================
1. Rahul Bihari,
2. Vicky Kumar, Both sons of Satish Singh @ Ram Birju Singh.
3. Babloo Kumar @ Babloo Singh, Son of Rajendra Singh.
4. Ajit Kumar @ Bihar Sarkar, Son of Vidya Singh, All residents of Village/Mohalla- Katardih, P.S.- Katri Sarai, District- Nalanda. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajendra Prasad, Sr. Advocate Mr. Ritesh Kumar, Advocate Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-02-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 467, 468, 471, 420 and 120B of the Indian Penal Code and 66 of the I. T. Act. Heard learned counsel for the petitioners.
It has been submitted on behalf of the petitioners that except for confessional statement of the co-accused, there is nothing against the petitioners and no incriminating article has been recovered from the possession of the petitioners. However, it is mentioned in the order impugned that incriminating articles have been recovered from the possession of the petitioners. Petitioners have got no criminal antecedent.
Patna High Court Cr.Misc. No.5296 of 2017 (2) dt.15-02-2017 2/2 Heard learned A.P.P. also.
Having heard both sides, in view of the fact that there is confessional statement of the co-accused but nothing incriminating article has been recovered up-till-now, let above named petitioners, in the event of arrest or surrender within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty-five thousand only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda at Biharsharif, in connection with Giriyak P.S. Case no. 307 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. There are other conditions also that bailors should be local having sufficient property within the jurisdiction of the court concerned and petitioners shall cooperate in the investigation and make themselves available before the police as and when required.
It is made clear that if after Chargesheet any incriminating articles are recovered from the possession of the petitioners, their bail bonds shall be liable to be cancelled. (Vinod Kumar Sinha, J) sudip/- U T