Patna High CourtCR. MISC./42238/2015bail granted

Arvind Vishwakarma @ Arbind Bishwakarma v. The State Of Bihar

2015-11-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42238 of 2015 Arising Out of PS.Case No. -49 Year- 2014 Thana -DEO District- AURANGABAD ====================================================== Arvind Vishwakarma @ Arbind Bishwakarma Son of Late Ram Janam Vishwakarma resident of village - Koriyari, P.S. Dhibra, District - Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Bilash Prasad For the Opposite Party/s : Mr. Md. Aslam Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-11-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 395 and 398 of the Indian Penal Code. Allegation against the petitioner is that he along with other accused snatched watch and money from the informant and his friend. It is also alleged that they committed dacoity in the house of informant's uncle and according to father of the informant, the accused committed dacoity in his house also. It has been submitted on behalf of the petitioner that he is in custody since 8.10.2014. Chargesheet has been submitted in the present case.

There is no allegation of tampering of evidence against the petitioner. Though the petitioner is named in the F.I.R. and is said to have been identified by the informant in course of the occurrence but no source of identification has been disclosed by the informant. The alleged occurrence is said to have taken place at 8-30 P.M. in the night. Hence, petitioner is said to have been falsely implicated by the informant for political reason.

Patna High Court Cr.Misc. No.42238 of 2015 (3) dt.05-11-2015 2 / 2 There is no recovery of any incriminating article from the possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Deo P.S. Case no. 49 of 2014.

(Sudhir Singh, J) sudip/- U T