Dharmendra Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57643 of 2015 Arising Out of PS.Case No. -126 Year- 2014 Thana -BARAULI District- GOPALGANJ ======================================================

1. Dharmendra Nut Son of late Ramayan Nut Resident of Village-Surtapur, Police Station- Jamo, District Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Rina Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-03-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 395 and 412 of the I.P.C The petitioner is not named in the First Information Report. As submitted, the name of the petitioner transpires in the confessional statement of co-accused Wazir Ahmad and after that the petitioner was remanded in this case, he has not been put on the test identification parade and nothing has been recovered from his conscious possession and that co-accused Wazir Ahmad has already been allowed bail and further similarly situated co-accused Dilip Prasad has also been allowed bail and another co-accused Monu @ Saddam Hussain has also been allowed bail by another

Patna High Court Cr.Misc. No.57643 of 2015 (3) dt.14-03-2016 2/2 coordinate Benches of this Court and as such the petitioner also deserves sympathetic consideration, to which the learned A.P.P. does not dispute.

In the facts and circumstances as stated above, the petitioner is also directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Gopalganj in Barauli P.S. Case No. 126 of 2014, 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) Abhay/- U T