Patna High CourtCR. MISC./41341/2016bail granted

Dharmendra Rai v. The State Of Bihar

2016-09-30Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.41341 of 2016 (2) dt.30-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41341 of 2016 Arising Out of PS.Case No. -10 Year- 2016 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Dharmendra Rai Son of Pragash Rai, Resident of village- Mahadaiyan, P.S.- Minapur, District- Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ravi Ranjan, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 30-09-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 12.04.2016 in connection with Madhuban P.S. Case No. 10 of 2016 for the offences alleged under Sections 380 and 457 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated merely on suspicion and the petitioner is not named in the F.I.R., which has been instituted against unknown persons. The name of the petitioner came on the confession of co-accused and except this there is no material to connect the petitioner with the alleged offence. None of the stolen goods has been recovered from the possession of the petitioner.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.41341 of 2016 (2) dt.30-09-2016 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 Additional Chief Judicial Magistrate IV, Motihari, East Champaran, in connection with Madhuban P.S. Case No. 10 of 2016, with the following conditions:- (i) That one of the bailors will be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence.

(iii) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure to do so 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/Chandran U T