Patna High CourtCR. MISC./49652/2016bail granted

Anuj Kumar @ Pathan v. The State Of Bihar

2016-12-13Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49652 of 2016 Arising Out of PS.Case No. -511 Year- 2013 Thana -BARACHATTI District- GAYA ============================================= Anuj Kumar @ Pathan, s/o Ramesh Prasad, resident of VillageAmrwan, P.S.- Bodh Gaya, District-Gaya .... .... Petitioner

Versus

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

For the Petitioner : Mr. Amrit Abhijat, Advocate. Mr. Manoj Kr. Gupta, Advocate.

For the State : Mr. Rajballabh Singh, A.P.P. ============================================= CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 01.08.2016 in connection with Barachatti P.S. Case No. 511 of 2013 for the alleged offences under Sections 395, 397 and 412 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated merely on the confessional statement of the co-accused Dinesh Paswan and Pramod Paswan who were arrested at the spot. The petitioner was neither put on Test Identification Parade nor there was any recovery from his possession. Similarly situated coaccused Pappu Yadav, Sanjay Yadav and Baban Yadav have been granted bail by this Court in Cr. Misc. Nos. 38606 of 2016, 25157 of 2015 and 39133 of 2015 respectively.

4. 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/- (ten thousand) with two sureties of like amount each to the satisfaction of Sri Narendra Pal Singh, learned Judicial Magistrate, 1st Class,

Patna High Court Cr.Misc. No.49652 of 2016 (2) dt.13-12-2016 2/2 Sherghatti, Gaya, in connection with Barachatti P.S. Case No. 511 of 2013 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) S.Ali/B.T.

U T