Nagina Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8227 of 2018 Arising Out of PS.Case No. -112 Year- 2017 Thana -NIMCHAKBATHANI District- GAYA ======================================================

1. Nagina Yadav S/o Late Atwari Yadav

2. Pintu Yadav S/o Nagina Yadav Both residents of Village - Kharjama, P.S. - Chhabilapur, District - Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar Sinha For the Opposite Party/s : Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-04-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Nimchak Bathani P.S. Case No. 112 of 2017 registered for offences punishable under Section 379 of the Indian Penal and Sections 25(1-b)A, 26 and 35 of the Arms Act. The allegation of the prosecution is that the petitioners herein had come at the place of occurrence and parked their motorcycle whereafter they went away and on the next day where they were trying to take the motorcycle away stealthily, the informant and others chased them whereupon the petitioners fled away leaving the motorcycle. It is alleged by the informant that a sum of Rs. 45,000/- and his mobile were found in the sack which was

Patna High Court Cr.Misc. No.8227 of 2018 (3) dt.02-04-2018 2/2 kept on the said motorcycle.

The learned counsel for the petitioners, referring to the seizure list has submitted that neither the mobile nor the sum of Rs. 45,000/- is depicted in the same. The petitioners are said to be having a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-10th, Gaya in connection with Nimchak Bathani P.S. Case No. 112 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T