Naresh Kumar @ Naresh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32803 of 2015 Arising Out of PS.Case No. -179 Year- 2013 Thana -RUNI SAIDPUR District- SITAMARHI ======================================================

1. Naresh Kumar @ Naresh Mahto S/o Suro Bind @ Mishri Lal Mahto R/o Village Harsinghpur Tautan, P.S. Sakara, District Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. S.N.Shukla (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 17-08-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 394, 395, 412, 397, 120(B) of the Indian Penal Code.

It is submitted that F.I.R. was lodged against eight unknown persons on the basis of written report submitted by the informant-driver alleging therein that they looted away his Truck and snatched his mobile. Name of the petitioner appeared in the confessional statement of the co-accused. Nothing has been recovered from possession of the petitioner. The petitioner has been in custody since 03.05.2015. The petitioner has not been put on Test Identification Parade. It has further been submitted that similarly situated co-accused Rakesh Kumar @ Dhanna Seth has been granted bail vide order dated 13.07.2015 passed in Cri. Misc.

Patna High Court Cr.Misc. No.32803 of 2015 (2) dt.17-08-2015 2/2 No. 22814 of 2015.

Considering the facts and circumstances of this case, the above-named petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in Runni Saidpur P.S. Case No. 179 of 2013 with the following conditions :

1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) sushma/- U