Chhathu Nat @ Chotu Nat @ Chathi Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16510 of 2017 Arising Out of PS.Case No. -243 Year- 2016 Thana -SAHPUR District- BHOJPUR ====================================================== Chhathu Nat @ Chotu Nat @ Chathi Nat, son of Amawas Nat, resident of Village- Belwaniya, P.S. Bihiya, District- Bhojpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shiv Prasad Gupta, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 09.02.2017 in connection with Sahpur (Karnamaypur) P.S. Case No. 243 of 2016 for the offences alleged under Section 395 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and except the confessional statement of co-accused Dhanjee Paswan, there is no other material to connect the petitioner with the alleged occurrence. The F.I.R. is against unknown persons and no Test Identification Parade has been conducted for the identification of the petitioner. The said Dhanjee Paswan has been granted bail by this Court in Cr. Misc. No. 542 of 2017. No recovery of any incriminating articles has been made from the possession of the petitioner who claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, in connection

Patna High Court Cr.Misc. No.16510 of 2017 (2) dt.04-04-2017 2/2 with Sahpur (Karnamaypur) P.S. Case No. 243 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/BT U T