Gobind Shreewastav @ Ganga Shreewastav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48674 of 2015 Arising Out of PS.Case No. -283 Year- 2014 Thana -BAKHTIYARPUR District- PATNA ====================================================== Gobind Shreewastav @ Ganga Shreewastav son of Late Krishna Prasad resident of village- Belthan, P.S. Bakhtiyarpur, Distt- Patna..... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Kashyap For the Opposite Party/s : Mr. Ashok Kumar Singh 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Bakhtiyarpur P.S. Case No. 283 of 2014 registered for the offence punishable under Section 395 of the Indian Penal Code.

Allegedly, 5 or 6 unknown dacoits covering their faces committed dacoity at the point of weapon in the house of the informant and took away cash of Rs. 15,000/-, gold ornaments valued Rs. 60,000/- alongwith mobile set and L.

E.D. TV and during investigation the informant and other witnesses named some of the miscreants wherein one Goga has also been named and accordingly, the petitioner has been apprehended. Submission is of false implication and that nothing has been recovered from possession of the petitioner, he is in custody since 5.5.2015 but he has not been put on T.I.P., there is no cogent and legal evidence against him, other co-accused Vivek Kumar has been allowed

Patna High Court Cr.Misc. No.48674 of 2015 (5) dt.27-01-2016 2/2 bail vide Criminal Misc. No. 20725 of 2015 by another co-ordinate bench of this Court and as such he deserves sympathetic consideration. Learned A.P.P. submits that the petitioner has got criminal antecedent as he is involved in four more cases. In the facts and circumstances stated above, considering that nothing has been recovered from possession of the petitioner, he has not been put on T.I.P. and as such he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Additional Sessions Judge, 2nd Barh, Patna in connection with Bakhtiyarpur P.S. Case No.

283 of 2014, subject to the conditions that one of the bailors must be 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.