Dharmendra Nut @ Dhamendra Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34868 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -DORIGANJ District- SARAN ====================================================== Dharmendra Nut @ Dhamendra Nut Son of late Baigan Nut@Bairan Nut Resident of Village- Chitkohara Pul ke Niche, P.S. Gardanibagh, District Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under sections 395, 397of the Indian Penal Code.

Allegation against the petitioner is that while the informant was sleeping in his house alongwith other family members, five persons entered into his house and after assaulting them committed dacoity and looted away Rs.1.5 lacs alongwith ornaments.

It has been submitted on behalf of the petitioner that he is in custody since 13.4.2016. Charge sheet has been submitted against the petitioner. No allegation of tampering of witnesses is alleged against the petitioner. The petitioner is not named in the First Information Report. He has not been put on T.I.P. There is no recovery of any incriminating article. Except confessional

Patna High Court Cr.Misc. No.34868 of 2016 (3) dt.19-10-2016 statement of a co-accused there is no other substantive evidence to suggest his implication in the present case. A co-accused of this case, Gabbar Nut, has been granted bail by this Court on 4.8.2016 vide Cr.Misc.No. 30157/2016.

On behalf of the State, it is submitted that the petitioner is not named in the First Information Report.

Considering the aforesaid facts and circumstances, let the abovenamed petitioner 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 the A.C.J.M.VII, Saran, Chapra in Doriganj P.S.Case No. 35/2016.

(Sudhir Singh, J) Surendra/- U