Narendra Tiwary v. The State Of Bihar

Patna High Court Cr.Misc. No.8451 of 2016 (4) dt.20-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8451 of 2016 Arising Out of PS.Case No. -154 Year- 2015 Thana -UCHAKAGAON District- GOPALGANJ ======================================================

1. Narendra Tiwary Son of Late Raghunath Tiwary Resident of Village - Chhitwaliya, Police Station Ekma, District - Chapra.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Amrendra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-04-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Uchakagaon P.S. Case No. 154 of 2015 registered for the offences punishable under Sections 420 and 379 of the Indian Penal Code. Allegedly, co-accused Pramod Kumar Pathak, T. Singh and one unknown committed theft of a Xylo vehicle after administering intoxicated Prasad to the driver of the vehicle. During investigation the informant identified the petitioner at Gandhi Sethu and caught him and produced before Kadamkuan Police after four months of the occurrence and the petitioner has described himself as T. Singh.

Submission is of false implication and that the petitioner has been made victim of misidentification, he has got no criminal antecedent, nothing has been recovered from possession of the

Patna High Court Cr.Misc. No.8451 of 2016 (4) dt.20-04-2016 petitioner and co-accused Pramod Kumar Pathak has already been allowed bail by another co-ordinate Bench of this Court vide Cr. Misc. No. 54978 of 2015 and as such the petitioner also deserves sympathetic consideration to which learned APP fairly submits that the informant caught the petitioner and identified him. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of 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-IX, Gopalganj in connection with Uchkagaon P.S. Case No.

154 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T