Gopal Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82970 of 2019 Arising Out of PS. Case No.-336 Year-2019 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== 1.

Gopal Patel, Son of Ramnaresh Patel, Resident of Village - Vichhadi, P.S.- Alinagar, Distt - Chandauli (Uttar Predesh) 2.

Sadafal Patel @ Sadafal, Son of Shiv Murat Patel @ Shiv Murat, Resident of Village - Vichhadi, P.S.- Alinagar, Distt - Chandauli (Uttar Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Ranjan, Adv.

For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-12-2019 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners in the present case are seeking regular bail in connection with Kudara P.S. Case No.336 of 2019 (G.R.No.2289 of 2019) registered for the offence punishable under Sections 420, 409 and 120(B) of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Learned counsel submits that nothing incriminating has been recovered from the possession of these petitioners. Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein learned counsel for the petitioners submits that these

Patna High Court CR. MISC. No.82970 of 2019(2) dt.13-12-2019 2/3 petitioners have been apprehended while they were sitting in the hotel and nothing incriminating has been recovered from the possession of these petitioners as also that learned counsel has distinghished the case of the petitioners from other cases in which there were criminal antecedents of those petitioners and has submitted that these petitioners having no criminal antecedent stand on similar footing with the petitioner in Cr.Misc.No.

80288 of 2019 who has been ordered to be released on bail by a learned coordinate Bench of this Court as also that the submission of learned counsel for the petitioner has not been controverted by learned APP for the State and there is no submission that their release on bail is likely to influence in course of trial, let the petitioners above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Kaimur at Bhabhua in connection with Kudara P.S. Case No.336 of 2019 (G.R.No.2289 of 2019), subject to the condition as laid down under Section 437 (3) Cr.P.C.

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and

Patna High Court CR. MISC. No.82970 of 2019(2) dt.13-12-2019 3/3 (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) arvind/- U T