Patna High CourtCR. MISC./46333/2016bail granted

Uday Mallah v. The State Of Bihar

2016-11-23Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46333 of 2016 Arising Out of PS.Case No. -116 Year- 2015 Thana -RAMPUR District- GAYA ======================================================

1. Uday Mallah Son of Suresh Mallah Resident of village- Katari Hill, P.S.- Chandauti, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mahindra Thakur, Advocate. For the Opposite Party/s : Mr. Pronoti Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 23-11-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 392 of the Indian Penal Code. As per First Information Report four persons on the strength of gun has committed robbery in which mobile phones and other articles were taken away. On the statement of Amit Kumar alias Chhotan Kumar alias Chotan Paswan looted articles were recovered and on whose statement petitioner has been implicated in the present case. The aforesaid co-accused has been granted bail by this Court. As per petitioner nothing has been recovered from his possession nor he has been put on TIP.

Patna High Court Cr.Misc. No.46333 of 2016 (3) dt.23-11-2016 Having considered the facts and circumstances of the case, let petitioner, Uday Mallah, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in Rampur P.S. Case No. 116 of 2015, subject to the conditions that (i) one of the bailors shall be a close relative of the petitioner i.e. father, mother, son or wife (ii) If the petitioner is found involved in future in similar type of case the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail (iii) Petitioner shall mark his presence before the nearest police station by 7th of every month till six months and (vi) petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioner. (Shivaji Pandey, J) Vinay/- U T