Mukesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23571 of 2015 Arising out of PS.Case No. -276 Year- 2014 Thana -RAMNAGAR District- WEST CHAMPARAN(BETTIAH) ====================================================== Mukesh Prasad, Son of Rameshwar Prasad, resident of Village- Dubwaliya, P.S.- Bairiya, District- West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Pranav Kumar, Advocate. For the Opposite Party : Mr. Smt.Rina Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-08-2015 The petitioner is languishing in custody since 21.01.2015 in connection with Ramnagar P.S. Case No. 276 of 2014 for the offences instituted under Sections 395 and 397 of the I.P.C. Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that one Jainath Mahto of Village- Sawana, P.S. Semra, District-West Champaran, reported the local police through written report mentioning therein that the informant, after unloading the sugar cane crop at Harinagar Sugar Mill, was returning back to his house on 14.12.14 at about 9.00 P.M. through Done Canal(Nahar). When, he reached at village- Beliya Khataurl at about 10.00 P.M. with his Swaraj Tractor bearing Chassis No. WSINO. 80427157075 Engine No.

Patna High Court Cr.Misc. No.23571 of 2015 (3) dt.19-08-2015 2/2 391354/BNO10987A, then, 8 persons overtakes with Bolero and stopped his tractor. Accused persons abused him and they dashed informant and after tagging the hand seated on the Bolero. Accused persons took away one Nokiya Mobile bearing SIM No. 9631299067. They left the informant of Lauriya-Chanpatiya road and they also looted the informant's Tractor. On the basis of written report being Ramnagar P.S. Case No. 276/14 u/s 395,397 I.P.C. against 8 unknown miscreants.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.01.2015 and the charge sheet has been submitted in the present case. The petitioner is not named in the F.I.R. His name has come in course of investigation. On behalf of the State it has been submitted that the petitioner is named in the F.I.R. and his name has come in course of investigation.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Bagaha, West Champaran, in connection with Ramnagar P.S. Case No. 276 of 2014.

U.K./- (Sudhir Singh, J) U T