Shubham Noniyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74302 of 2024 Arising Out of PS. Case No.-626 Year-2024 Thana- NAWADA District- Nawada ====================================================== 1.
Shubham Noniyan Son of Antu Noniyan R/o - Nirdha, P.S - Jamudiha, (Jamuriya), District - Bardman, (W.B) 2.
Rajesh Mahto Son of Mahesh Mahto Resident of village- Mohrajpur, PsTeljihari, Dist- Shahebganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar, Adv.
For the Opposite Party/s :
Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 18-10-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case registered for the offence punishable under section 414 of the Indian Penal Code.
3. As per allegation in the FIR, villagers have caught hold two accused persons as they are mobile thieves and after assaulting villagers handed them over to the police. On query, they disclosed their names as of the petitioners and a raid was conducted in their rented house and huge number of mobile sets were recovered.
4. It is submitted by learned counsel for the petitioners
Patna High Court CR. MISC. No.74302 of 2024(2) dt.18-10-2024 2/3 that petitioners have been falsely implicated in this case. Chargesheet has been submitted against the petitioners. Allegedly, prior to arrest of the petitioners, local villagers had assaulting them for mobile theft but surprisingly not a single witness is local person, which creates doubt in authenticity of the prosecution case. Petitioners have got clean antecedent and they are languishing in judicial custody since 7.6.2024.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned CJM, Nawada in connection with Nawada Town P.S. Case No. 626 of 2024 with following conditions:
(i) Petitioners will co-operate in the trial and be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.
(ii) In case, the petitioners repeat offence of similar
Patna High Court CR. MISC. No.74302 of 2024(2) dt.18-10-2024 3/3 nature after enlargement on bail, his bail-bonds will be cancelled by the court below.
(iii) One of the bailors must be the close relatives of the petitioners.
(S. B. Pd. Singh, J) sushma/- U T