Patna High CourtCR. MISC./17907/2017bail granted

Guddu Kumar @ Guddu Mahto v. The State Of Bihar

2017-04-11Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.17907 of 2017 (2) dt.11-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17907 of 2017 Arising Out of PS.Case No. -112 Year- 2015 Thana -WARSALIGANJ District- NAWADA ====================================================== Guddu Kumar @ Guddu Mahto son of Ramdeo Mahto @ Brahamdeo Mahto @ Shyamdeo Mahto, resident of Village- Surdaspur, P.S. Sheikhpura, District- Sheikhpura.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Vinod Kumar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 29.01.2016 in connection with Sessions Trial No. 427 of 2016/696 of 2016 arising out of Warisliganj P.S. Case No. 112 of 2015 for the offences alleged under Section 395 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the F.I.R. is against unknown persons. Except his self confession before the police, there is no other material to connect the petitioner with the alleged occurrence. No recovery of any incriminating articles has been made from the conscious possession of the petitioner. Petitioner has not been put on Test Identification Parade for his identification. Charge sheet has been submitted and hence there is no chance of tampering with the evidence. Co-accused Gautam Kumar @ Golu has been granted bail by this Court in Cr. Misc. No. 8490 of 2016.

4. Be that as it may, 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/-

Patna High Court Cr.Misc. No.17907 of 2017 (2) dt.11-04-2017 (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional District & Sessions Judge-V, Nawada, in connection with Sessions Trial No. 427 of 2016/696 of 2016 arising out of Warisliganj P.S. Case No. 112 of 2015, 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.

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