Patna High CourtCR. MISC./44798/2017bail granted

Shailendra Sao And ANR v. The State Of Bihar

2017-09-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44798 of 2017 Arising Out of PS.Case No. -119 Year- 2016 Thana -RANIYATALAB District- PATNA ======================================================

1. Shailendra Sao, Son of Shri Raghubir Sao

2. Kewal Kumar @ Kewal Sao @ Gudar Sao, Son of Shri Raghubir Sao Resident of Village Patut, P.S. Ranitalab, District Patna .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Abhoy Kumar Kashyap For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-09-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 409, 419 and 420 of the Indian Penal Code as well as under Section 7 of the Essential Commodities Act.

Petitioners allegedly found carrying cereals on a tractor. Allegation is that the same was lifted from the PDS shop of co-accused, Ram Bachan Ram, for sale in the black market. Submission of learned counsel for the petitioners is that Ram Bachan Ram has already allowed bail by learned court below and no ingredient of the offence, as alleged, is made out in the facts and circumstances of the case.

Considering the aforesaid facts, let petitioners, above

Patna High Court Cr.Misc. No.44798 of 2017 (2) dt.19-09-2017 2 /2 named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Danapur at Patna/successor Court in connection with Rani Talab P.S. Case No.119 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners. (Birendra Kumar, J.) S.Kumar/- U T