Thutha Nat @ Virendra Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24054 of 2020 Arising Out of PS. Case No.-102 Year-2016 Thana- SONEPUR District- Saran ====================================================== Thutha Nat @ Virendra Nat Son of Ram Ishwar Nat Resident of Village - Sihoria, P.S.- Baniyapur, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-11-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Sonepur P.S. Case No. 102 of 2016, registered for the offence under Sections 396, 397, 412 of the Indian Penal Code.

As per the prosecution case, 10-12 miscreants entered into the house of informant in the night of 09-03-2016 to commit dacoity. It is further alleged that while committing dacoity, the miscreants assaulted wife and father of the informant, as a result of which, they died during treatment. It is submitted on behalf of petitioner that FIR has been lodged against unknown. Name of the petitioner has come only on the basis of confessional statement of co-accused Gabbar Nat and save & except confessional statement, there is no other material against this petitioner. No incriminating article has been recovered from the possession of the petitioner. It is

Patna High Court CR. MISC. No.24054 of 2020(3) dt.04-11-2020 2/2 further submitted that till date, petitioner has not been put on T.I.P. and he is in custody since 17-02-2020. It is further submitted that similarly situated co-accused Raju Nat @ Gabbar Nat has already been granted bail by this Court, vide order dated 02-02-2017 passed in Cr.Misc. No. 48221 of 2016 (Annexure 2 to the petition).

Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Saran at Chapra in connection with Sonepur P.S. Case No. 102 of 2016 on the following conditions:

"(1) Petitioner shall cooperate 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 on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J.) anay/- U T