Patna High CourtCR. MISC./1729/2016bail granted

Dharmendra Nut v. The State Of Bihar

2016-03-11Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.1729 of 2016 (5) dt.11-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1729 of 2016 Arising Out of PS.Case No. -74 Year- 2014 Thana -MOHAMMADPUR District- GOPALGANJ ======================================================

1. Dharmendra Nut, Son of late Ramayan Nut, Resident of VillageSuratpur, Police Station- Jamo, District- Siwan..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Kr.Virendra Narayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-03-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Mohammadpur P.S. Case No. 74 of 2014 registered for the offence punishable under Section 395 of the Indian Penal Code.

The petitioner is not named in the first information report and as submitted his name transpired in the confessional statement of co-accused Wazir Ahmad Khan, nothing has been recovered from conscious possession of the petitioner, he is in custody since 06.02.2015 but he has not been put on test identification parade and Wazir Ahmad Khan has been allowed bail vide Cr. Misc. No. 38609 of 2015.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two

Patna High Court Cr.Misc. No.1729 of 2016 (5) dt.11-03-2016 sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Gopalganj in connection with Mohammadpur P.S. Case No. 74 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T