Nanhey Singh @ Mirtunjay Singh@Mrityunjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78036 of 2018 Arising Out of PS. Case No.-153 Year-2015 Thana- DARAUNDA District- Siwan ====================================================== NANHEY SINGH @ MIRTUNJAY SINGH@MRITYUNJAY SINGH S/o Chitranjan Singh, R/o Vill.- Karsaut, P.S.- Daraundha, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Daraunda P.S. Case No. 153 of 2015 registered for the offence punishable under Sections 395 and 397 of the Indian Penal Code.

The FIR of the occurrence of dacoity was lodged against unknown in the year 2015. Name of the petitioner surfaced in this case after three years in the year 2018. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. It has further been submitted that no TIP has been conducted as yet. There is no recovery of stolen property from the possession of the petitioner. Charge-sheet has already been submitted in this case. Similarly placed co-accused has already been granted bail as contained in Annexure-3. He is in custody since 16.05.2018.

Patna High Court Cr.Misc. No.78036 of 2018(2) dt.07-01-2019 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M-XI, Siwan in connection with Daraunda P.S. Case No. 153 of 2015, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T