Lala Mistry v. The State Of Bihar

Patna High Court Cr.Misc. No.55199 of 2017 (2) dt.20-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55199 of 2017 Arising Out of PS.Case No. -12 Year- 2017 Thana -BANDIYA District- AURANGABAD ======================================================

1. Lala Mistry S/o Late Mahaveer Mistry, R/o Village- Pakari, P.S.- Goh, District- Aurangabad (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lal Bahadur Singh For the Opposite Party/s : Mr. Yogendra Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2017 The petitioner seeks regular bail in connection with Bandeya P.S. Case No. 12 of 2017, registered for offences punishable under Sections 341, 323, 353, 385, 427, 435, 504, 506/34 of the Indian Penal Code and Section 17 of CLA Act. Allegation against the petitioner that he set the poklane of the informant on fire and also threatened him of dire consequences.

It has been submitted on behalf of the petitioner that he has not been named in the F.I.R and save and except the confession made by the co-accused, there is absolutely nothing against the petitioner so as to show his involvement in this case and further no recovery has been made and he has been in custody since 27.07.2017 and though he is accused in three other cases but in all those cases he is on bail.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.55199 of 2017 (2) dt.20-11-2017 Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad, Bihar, in connection with Bandeya P.S. Case No. 12 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T