Indal Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24795 of 2016 Arising Out of PS.Case No. -357 Year- 2015 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Indal Bhagat son of Birendra Bhagat Resident of Village - Bathna, Police Station - Motipur, District - Muzaffarpur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance:

For the Petitioner : Mr. Raju Kumar, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-07-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has been remanded to custody in this case on 08.03.2016 in connection with Motipur P.S. Case No. 357 of 2015 for the alleged offences under Sections 399, 402, 414, 120(B) of the Indian Penal Code read with section 25(1-b)A, 26(ii) and 35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated on the extra judicial confessional statement of the arrested co-accused persons. The only allegation against the petitioner is that he is said to be assisting the disposal of the stolen goods, though no recovery of any such goods have been made from the petitioner. The other co-accused persons namely, Dhiraj Kumar @ Mukha, Sidhesh Kumar@ Sindesh Kumar @ Suresh and Shambhu

Patna High Court Cr.Misc. No.24795 of 2016 (3) dt.21-07-2016 Sah from whom various arms and ammunitions have also been recovered have been granted bail by this Court. A statement is made at the Bar on behalf of the petitioner that the petitioner has been granted bail in all the 11 cases in which he has been accused prior to the present one.

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 learned S.D.J.M., West Muzaffarpur in connection with Motipur P.S. Case No. 357 of 2015 with the additional conditions that the petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned and one of the bailors will be the close relative of the petitioner.

(Vikash Jain, J) Chandran U T