Rajesh Nut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27385 of 2016 Arising Out of PS.Case No. -9 Year- 2016 Thana -CHAPRA MUFFASIL District- SARAN ====================================================== Rajesh Nut Son of Late Bhukhal Nut Resident of Village- Sadha Dhala, Khemaji Tola, P.S. Chapra Mufffassil, District- Saran at Chapra (Bihar) .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Rakesh Kumar, Advocate For the Opposite Party : Smt. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-07-2016 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 25.04.2016 in connection with Chapra (Muffassil) P.S. Case No. 09 of 2016 for the alleged offences under Sections 395 & 397 of the Indian Penal Code.
3. It is submitted that the petitioner has been falsely implicated on mere suspicion. The averments in the FIR that the informant identified all the persons who had entered the house is belied from the very fact that the FIR has been instituted naming only the petitioner whereas the remaining 8-10 persons are said to be unknown. It is further submitted that no recovery of the valuables said to have been carried away from the informant's house has been made from the possession of the petitioner.
4. Having regard to the entirety of the facts and
Patna High Court Cr.Misc. No.27385 of 2016 (2) dt.19-07-2016 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 Chief Judicial Magistrate, Saran at Chapra in connection with Chapra (Muffassil) P.S. Case No. 09 of 2016 subject to the condition 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.
(Vikash Jain, J) Chandran U T