Mahesh Singh @ Mahesia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13793 of 2017 Arising Out of PS.Case No. -555 Year- 2015 Thana -SITAMARHI District- SITAMARHI ====================================================== Mahesh Singh @ Mahesia, son of Sri Ram Ekbal Singh, resident of village - Koari Ranjaatpur, P.S. and District - Sitamarhi .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Jagdish Prasead with Mr. Virendra Kumar, Advocates For the Opposite Party/s : Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sitamarhi P.S.Case No. 555 of 2015 registered for the offences punishable under Section 414 of the Indian Penal Code. Petitioner is not named in the FIR and his name transpires during course of investigation.

It has been submitted on behalf of the petitioner that except confessional statement of co-accused there is nothing against the petitioner and there is no recovery. So far antecedent is concerned, it has been submitted that petitioner is on bail in other cases and there is no direct evidence against the petitioner and he is in custody for one year three months.

Heard learned APP also, who could not controvert the above submission.

In this case a report was called for from the court concerned and from the report it appears that the case is fixed since 9.5.2016 for prosecution evidence but up-till-now not a single witness has been examined in spite of summons and

Patna High Court Cr.Misc. No.13793 of 2017 (3) dt.01-05-2017 2/2 bailable warrant of arrest having been issued against them. Having heard both sides and considering the aforesaid aspect of the matter, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-VI, Sitamarhi, in connection with Sitamarhi P.S.Case No. 555 of 2015, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties 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 on each and every date in court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason and without permission of the court, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U