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Patna High CourtCR. MISC./40473/2017bail granted

Ravikant Patel @ Lutan Pandey v. The State Of Bihar

2017-11-08Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47107 of 2017 Arising Out of PS.Case No. -91 Year- 2017 Thana -OBRA District- AURANGABAD ====================================================== Mukesh Kumar, son of Pradeep Prasad, Resident of Village- Gira P.S.- Obra, District- Aurangabad.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.40473 of 2017 Arising Out of PS.Case No. -91 Year- 2017 Thana -OBRA District- AURANGABAD ====================================================== Ravikant Patel @ Lutan Pandey, son of Sri Surendra Singh, Resident of Village- Atrauli, Police Station- Obra, District- Aurangabad (Bihar). .... .... Petitioner

Versus

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

(In Cr.Misc. No.47107 of 2017) For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Abhay Kumar - 1 (In Cr.Misc. No.40473 of 2017) For the Petitioner/s : Mr. Mritunjay Kumar For the Opposite Party/s : Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-11-2017 Since both the applications arise out of same P.S.case number, they have been heard together and are being disposed of by this common order.

Heard learned counsel for the petitioners in both the cases.

Both the applications have been filed for grant of bail in

Patna High Court Cr.Misc. No.47107 of 2017 (3) dt.08-11-2017 2/3 connection with Obra P.S. Case No. 91 of 2017, registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Petitioners are not named in the FIR and the case is under Section 302 IPC for murder of brother of informant. Submission of learned counsel for the petitioners is that except self confession of petitioner Mukesh Kumar there is absolutely nothing against them having no criminal antecedent and now they have remained in custody for five months. Heard learned APP also.

Having heard both sides and in view of facts and circumstances, as stated above, let both 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 Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad, in connection with Obra P.S.Case No. 91 of 2017, subject to the conditions as follows : (1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, (2) Petitioners will co-operate in trial and

Patna High Court Cr.Misc. No.47107 of 2017 (3) dt.08-11-2017 3/3 appear on each and every date in court and on failure to appear on two consecutive dates without any genuine ground or without permission of court, their bail bonds shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U