IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.23100 of 2010
1. PRAMOD KUMAR SINGH @ PRAMOD KUMAR MAHTO &
2. AJAY KUMAR MAHTO @ AJAY KR SINGH
Versus
STATE OF BIHAR
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2 20.07.2010. Heard learned counsel for the parties.
The petitioners have been made accused in a case
under sections 392 and 412 of the I.P.C.
The petitioners submit that they are in custody for over
8 months. They submit that the prosecution case does not seem to
be convincing. The informant has stated in his FIR that his
motorcycle was snatched at Pachpaika village. Thereafter he
informed his son on mobile phone who came to look for the
motorcycle and found the same being run by three persons at
Piparpaithi chowk. Thereafter, it is alleged that all the three
accused abandoned the motorcycle. It is submitted that one of the
seizure list witnessses is another son of informant. Petitioners
have no antecedent.
In the facts and circumstances of the case, let the
petitioners as above be released on bail on furnishing bail bond of
Rs.5,000/- (five thousand) each with two sureties of the like
amount each to the satisfaction of the Addl. Chief Judicial
Magistrate, Dalsingsarai, Samastipur in Ujiarpur Police Station
case no. 157 of 2009.
Petitioners would not be absent physically for more
than two consecutive dates at a stretch till three witnesses are
examined in trial, otherwise their bail bond would be cancelled
2
and he would be taken into custody.
One of the bailors of the petitioners would be a govt.
servant.
If the petitioners are made accused in other serious
offences, the bail bond of instant case would also be liable to be
cancelled.
Shashi. (Samarendra Pratap Singh, J.)