Saroj Nut And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78223 of 2018 Arising Out of PS. Case No.-91 Year-2018 Thana- AMNAUR District- Saran ======================================================

1. Saroj Nut and Anr Son of Nath Nut Resident of Village-Mangolapur,P.S. Jalalpur,Distt.-Saran

2. Satyendra Nut Son of Late Ramchandra Nut Resident of VillageOlhanpur,P.S. Marhowra,Distt.-Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2019 Heard learned counsel for the parties.

Petitioners seeks bail in Amnaur P.S. Case No.91 of 2018 registered for the offence punishable under Section 395 of the Indian Penal Code.

Informant has alleged that petitioners along with other FIR named accused persons and 10 to 15 unknown persons broke open the gate of his house and committed dacoity of Rs.1,00,000/- from the Almira of C.S.C of SBI runs in his house besides other articles including ornaments, mobile and fled away.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case on suspicion. Petitioners are not named in the FIR. Nothing has

Patna High Court Cr.Misc. No.78223 of 2018(2) dt.16-01-2019 2/2 been recovered from the possession of the petitioners. Similarly, situated co-accused person has been granted bail by a coordinate bench of this Court vide order dated 29.10.2018 passed in Cr. Misc. No.64597 of 2018. They are in custody since 29.10.2018 and 20.09.2018 respectively.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Saran, Chapra in connection with Amnaur P.S. Case No.91 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (S. Kumar, J) ranjan/- U T