Rahul And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64889 of 2018 Arising Out of PS.Case No. -581 Year- 2017 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Rahul, Son of Amrullah,

2. Md. Jabir, Son of Sheikh Kuraishi, Both residents of Village- Chand Barwa, P.S.- Sathi, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Ajit Kuamr, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-11-2018 Heard the parties.

The petitioners seek regular bail in connection with Bagaha P.S.case no.581 of 2018 dated 14.11.2017 registered for offences punishable under Sections 392 and 328 of the Indian Penal Code. Allegation against the petitioners as per FIR is that while the informant was unloading the biscuits loaded on the Pickup Van, he was intercepted by some miscreants in the Pick Up Van and administered some intoxicant due to which he became unconscious and the articles were taken away by the miscreants and later on he found himself in the hospital. They are not named int he FIR.

Submission of the learned counsel for the petitioners is that

Patna High Court Cr.Misc. No.64889 of 2018 (2) dt.05-11-2018 2/2 except confessional statement, there is nothing against them though they are accused in three other cases but they are on bail in those cases. They are in custody for more than three months and the charge-sheet has already been submitted.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of ACJM-I, Bagaha, West Champaran, in Bagaha in connection with Bagaha P.S.Caase No.581 of 2017. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T