Patna High Court - Orders
Balram Singh Yadav & Anr vs State Of Bihar on 14 July, 2009
Author: Kishore K. Mandal
Bench: Kishore K. Mandal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21852 of 2009
1. BALRAM SINGH YADAV
2. CHANDRABHAS @ CHANDRAHAS YADAV
Versus
STATE OF BIHAR
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2 14.07.2009Heard both sides.
Two petitioners have approached this court seeking bail in a case instituted under sections 395, 397 and 412 of Indian Penal Code.
Learned counsel for the petitioners submits that going by the allegation contained in the F.I.R., no case under sections 395/397 can possibly be made out as the same relates to taking away of the relief materials by the mob who had assembled protesting embezzlement by the officials of the relief materials. It is contended that altogether 43 accuseds are named n the F.I.R with an allegation that 27 of them were arrested who disclosed names of 16 other accuseds.
Mr. Shukla, learned senior counsel appearing on behalf of the petitioners submits that all the 27 accused persons arrested at the spot have since been granted bail by this Court. The petitioners fall in another category. He produced before this court an order dated 20.5.2009 passed in Cr. Misc. No. 16550 of 2009 whereby 29 accused persons were granted bail. The same is placed on record and marked as 'Y'.
In the facts and circumstances of the case, let petitioners abovenamed be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the 2 like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Birpur at Supaul in connection with Raghopur P.S. case no. 01/2009.
( Kishore K. Mandal, J. ) pkj