IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35803 of 2010 NAIYAR IMAM @ MUMTAZ @ NETA . Versus STATE OF BIHAR . with Cr.Misc. No.32459 of 2010 SANJAY THAKUR @ DAVI LAL . Versus STATE OF BIHAR . with Cr.Misc. No.42538 of 2010 MD. GULAM RASOOL . Versus STATE OF BIHAR . with Cr.Misc. No.45169 of 2010 RAM BARAN DAS . Versus STATE OF BIHAR . -----------
03/- 08-03-2011 Heard learned counsels for the petitioners and
learned Additional Public Prosecutor for the State.
All these four bail applications arising out of same
police station case i.e. Benipatti P.S. Case No. 79 of 2010 are
heard together and being disposed of by this common order.
In this case instituted against unknown relating to
taking of one tractor with trailer from the informant and son of
the owner (the deceased) by consuming some eatable during
transit causing them senseless by three non petitioners
intercepting them and have also been identified during T.I.P.
Petitioners name emerged during investigation and except
petitioner Md. Gulam Rasool other three petitioners have
confessed their involvement before the police. The role of the
petitioners in the entire episode as appears from their said
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confessional statement and other material submitted by learned
Additional Public Prosecutor are to manage entire affairs
behind the screen and disposing of the stolen tractor and
trailer. Petitioner, namely, Naiyar Imam @ Mumtaz @ Neta is
said to have approached another petitioner, namely, Sanjay
Thakur @ Davi Lal in disposing of the property whereas
petitioner, namely, Ram Baran Das remained only in
association of others. There appears nothing more specific.
Considering the facts and circumstances of the
case, let all the four petitioners, namely, Naiyar Imam @
Mumtaz @ Neta, Sanjay Thakur @ Davi Lal, Md. Gulam
Rasool and Ram Baran Das are directed to be released on bail
on furnishing bail bond of sum of Rs. 10,000/- (ten thousand
only) each with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Madhubani in
connection with Benipatti P.S. Case No. 79 of 2010. One of
the bailor must be a government servant. Subject to condition
to attend the court regularly at least for two years or till
disposal of the case, whichever is earlier, and in the event of
failure on three consecutive dates, the privilege granted shall
be deemed to be cancelled.
Praveen/- (Akhilesh Chandra, J.)