← Library
Patna High CourtCR. MISC./36331/2019bail granted

Ramashish Nut @ Ramaashish Nut v. The State Of Bihar

2019-06-12Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36331 of 2019 Arising Out of PS. Case No.-91 Year-2018 Thana- AMNAUR District- Saran ====================================================== RAMASHISH NUT @ RAMAASHISH NUT Son of Ramchandra Nut Resident of Village - Olhanpur, P.S.- Morhowra, Dsit.- Saran ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Manoj Kumar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 20.09.2018 in connection with Amnour P.S. Case No. 91 of 2018 for the offences alleged under Section 395 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated merely on the confessional statement of co-accused Nanhki Nut @ Sunil Nut, Kali Nut and Saroj Nut, except which there is no objective material to connect the petitioner with the alleged occurrence, all of whom have been granted bail by this Court. Similarly situated other accused Annu Nut, Rakesh Nut, and Satyendra Nut have also been granted bail by this Court. No recovery of any incriminating article has been made from the petitioner nor test identification parade has been conducted for his identification. The petitioner claims clean antecedents.

4. Be that as it may, 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,

Patna High Court CR. MISC. No.36331 of 2019(2) dt.12-06-2019 2/2 in connection with Amnour P.S. Case No. 91 of 2018, on the following conditions- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar/BT U T