IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22968 of 2011 ====================================================== Gaur Beral, son of Guli Beral, resident of village-Abhirampur, P.S. Uday Narayanpur, District-Hawrah, West Bengal .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== With Criminal Miscellaneous No.28327 of 2011 ====================================================== 1. Dipak Mahto @ Vinod Mahto S/O Nathuni Mahto Resident of Village- Dangsi, Police Station- Sidhwalia, District- Gopalganj. .... .... Petitioner Versus 1. The State of Bihar .... .... Opposite Party ====================================================== With Criminal Miscellaneous No.45199 of 2011 ====================================================== 1. Sudama Sah @ Sudama Kumar @ Sudama Turha @ Sudama Singh S/O Dhaneshar Shah Resident Of Village- Barauli, District- Gopalganj. .... .... Petitioner Versus 1. The State of Bihar .... .... Opposite Party ====================================================== Patna High Court Cr.Misc. No.22968 of 2011 (6) dt.16-03-2012 2 / 3 2 CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 6 16-03-2012 Heard learned counsel for the parties. The petitioners are in custody in connection with Rahui (Bhagan Bigha) P.S. Case No. 281 of 2010 for the offences punishable under Section 392 of the Indian Penal Code and subsequently Sections 395 and 412 were added to the set of allegations upon the recovery of the truck. The allegation against the unnamed accused is of robbing the informant of his truck. The truck is said to have been recovered from the Garage of the petitioner Gaur Beral and the parts thereof have also been identified. It is the case of the petitioner Gaur Beral that he happens to be the owner of the Garage and the truck in question had come for repairing and thus he has no connection with the alleged occurrence. The name of all the three petitioners has transpired during the course of investigation by reason of the statement made by co-accused Paundi Pitamber Reddy@Gautam who was arrested in connection with Rajgir P.S. Case No.285 of 2010. It is contended by learned counsel for the petitioners that despite the arrest and the F.I.R having been instituted against unnamed, no T. I. Parade has been carried out. Regard being had to the circumstances, let the petitioners namely, Gaur Beral, Dipak Mahto @ Vinod Mahto and Sudama Sah @ Sudama Kumar @ Sudama Turha @ Sudama Singh be released on bail upon each of them furnishing bail bond of Rs.10,000/- with two sureties of the like amount Patna High Court Cr.Misc. No.22968 of 2011 (6) dt.16-03-2012 3 / 3 3 each to the satisfaction of Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Rahui (Bhagan Bigha) P.S. Case No. 281 of 2010 subject to the following conditions:- (a) That the petitioners shall accept the police papers on the given date and shall also be present on the date fixed for charge and if they fail to do so on two consecutive dates fixed for such purpose the bail bonds of the defaulting petitioner(s) shall be liable to be cancelled. (b) The petitioners shall ensure their representation before the Court below on each and every date fixed in the case and failure on the part of the petitioners to ensure their representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the Court below, would entitle the Court concerned to cancel the bail bond of the defaulting petitioner(s) and to take him into custody. Bibhash/- (Jyoti Saran, J)