Makardhwaj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11991 of 2018 Arising Out of PS.Case No. -386 Year- 2017 Thana -BIHIYA District- BHOJPUR ====================================================== Makardhwaj Singh, Son of Late Awadh Bihari Singh, Resident of Village & P.O.- Gigirsad, P.S.- Khajuri, District - Baliya (U.P.). .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. M.N. Parbat, Sr. Advocate Mr. Sanjay Kumar Jha, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-02-2018 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 26.12.2017 in connection with Bihiya P.S. Case No. 386 of 2017 for the offences alleged under Section 379 of the Indian Penal Code.
3. It is submitted that the petitioner has been falsely implicated and is not named in the first information report and except extra-judicial confessional statements of co-accused persons who have merely stated that the petitioner was known to them and that they had parked the subject tractor in front of the house of the petitioner, there is no material to connect him with the alleged occurrence. The petitioner claims clean antecedents except the connected case, namely, Khejuri P.S. Case No. 528 of 2017 registered under Sections 411, 423, 414, 420, 467 , 468 and 471 of the Indian Penal Code in connection with the recovery of the said tractor.
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.11991 of 2018 (2) dt.28-02-2018 2/2 (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate (V), Bhojpur at Ara, in connection with Bihiya P.S. Case No. 386 of 2017, 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) B.T/Chandran U T