Surendra Mahto @ Muhchirwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8973 of 2017 Arising Out of PS.Case No. -286 Year- 2016 Thana -BRAHMPURA District- MUZAFFARPUR ======================================================

1. Surendra Mahto @ Muhchirwa S/o Late Jamun Mahto R/o Village - Sikanderpur Ambedkar Nagar, P.S. - Muzaffarpur Town, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Udit Narayan Singh For the Opposite Party/s : Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2017 The petitioner seeks regular bail in connection with Brahmpura P.S. Case No. 286 of 2016, registered for offences punishable under Sections 461 and 379 of the Indian Penal Code. It has been submitted on behalf of the petitioner that petitioner's name has surfaced in this case only on the basis of confessional statement of co-accused and except that there is nothing against him. It has further been submitted that no recovery has been made from the possession of the petitioner and uptil now no Test Identification Parade has been conducted and he has been in judicial custody since 25.12.2016.

Heard learned A.P.P. also.

Having heard both sides, in view of the fact that petitioner's name transpired in this case only on the basis of confessional statement of co-accused and except that there is nothing against the petitioner and he has remained in juridical custody for more than two months, let the petitioner above named,

Patna High Court Cr.Misc. No.8973 of 2017 (2) dt.27-02-2017 2/2 be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned CJM, Muzaffarpur, in connection with Brahmpura P.S. Case No. 286 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U