Rabindra Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51280 of 2017 Arising Out of PS.Case No. -57 Year- 2016 Thana -BHORE District- GOPALGANJ ====================================================== Rabindra Gond, son of Late Prabhu Gond, resident of Village- Karariya Thakurai, P.S.- Fulwaria, District- Gopalganj. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Bhorey P.S. Case No. 57 of 2016 registered under Section 392 of the Indian Penal Code. As per the prosecution case, four motorcycle borne unknown miscreants are said to have snatched the golden chain and cash of Rs.30,000/- of the informant on the point of pistol. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has no concern with the aforesaid occurrence. The petitioner is neither named in the F.I.R. nor he was apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. There is

Patna High Court Cr.Misc. No.51280 of 2017 (03) dt.21-12-2017 - 2 - nothing in the case diary indicating the complicity of the petitioner in the occurrence barring his confessional statement and that of the co-accused which has no evidentiary value in the eye of law. He was not put on T.I.P. Though there are several criminal cases against the petitioner but in all most all cases he is on bail. He has been falsely roped in the said cases by the police by remanding him from one case to another case. The petitioner has been languishing in custody since 09.12.2016.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XII, Gopalganj in connection with Bhorey P.S. Case No.57 of 2016. (Prakash Chandra Jaiswal, J) Trivedi/- U T