Patna High CourtCR. MISC./23345/2018allowed

Muko Naiya And ORS v. The State Of Bihar

2018-05-17Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23345 of 2018 Arising Out of PS. Case No.-107 Year-2017 Thana- CHANDMUNDI District- Jamui ======================================================

1. Muko Naiya, S/o Mahasbir Naiya,

2. Siko Naiya, S/o Chhottu Naiya. Both Resident of VillageTailiya Chhorat, P.S.- Sono, Distt.- Jamui.

3. Gudan Naiya alias Guthan Naiya, S/o father Naiya, R/o Village Tarakura, P.S.- Jhajha, Distt.- Jamui.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Prakash Mahto, Advocate For the Opposite Party/s :

Mr. Sri Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-05-2018 Heard learned counsel for the petitioners and learned learned Additional Public Prosecutor for the State. The petitioners is in custody in connection with Chandramandih P.S. Case No. 107 of 2017 for offenses under Sections 399/402 of the Indian Penal Code and Sections 25 (1b) a, 26 and 35 of the Arms Act. Learned counsel for the petitioners submits that the petitioners have no criminal antecedent. They have been apprehended by the police on suspicion that they are preparing for commission of serious crime of Dacoity. He submits that from the possession of the petitioners one country made Masket without butt and one air gun which is made of plastic were

Patna High Court Cr.Misc. No.23345 of 2018(3) dt.17-05-2018 2/2 alleged to have been recovered.

Considering the fact that petitioners have no criminal antecedent and that the seized materials are not such that can be use in the commission of Dacoity as also the fact the petitioners have remained in custody for more than six months, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri Sumit Kumar Singh J.M. 1st class, Jamui in connection with Chandramandih P.S. Case No. 107 of 2017.

Bailors shall be the members of the family of the petitioners.

(Anil Kumar Upadhyay, J) spandey/- U