Sachin Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16999 of 2018 Arising Out of PS.Case No. -26 Year- 2018 Thana -KHARAGPUR District- MUNGER ======================================================

1. Sachin Kumar son of Chandradeo Sahni

2. Banti Kumar son of Sunil Mandal Both residents of village - Brahm Asthan, P.S. - Bariyarpur, District - Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s : Mr. Sri Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

This is a case registered under Sections 392 and 411 of Indian Penal Code.

It is submitted that both the petitioners have clean antecedent and they have falsely been implicated in this case on extraneous consideration. It is also submitted that falsity of the allegation is evident from the fact that seizure list shows that the Avenger motorcycle which has been recovered at that time from the place of occurrence is without number whereas the informant has disclosed specific number of stolen motorcycle. Petitioners are in custody since 27.01.2018.

In the facts and circumstances of the case, prayer for bail of

Patna High Court Cr.Misc. No.16999 of 2018 (3) dt.26-04-2018 2/2 the petitioners is allowed. Let the petitioners above named be released on bail on their furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate IV, Munger in Haveli Kharagpur (Shampur) P.S. Case No. 26 of 2018 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioners.

(ii) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U