Patna High CourtCR. MISC./35214/2016bail granted

Shyamdeo Mochi v. The State Of Bihar

2016-10-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35214 of 2016 Arising Out of PS.Case No. -7 Year- 2016 Thana -PALI District- JEHANABAD ======================================================

1. Shyamdeo Mochi S/O late Nathun Mochi, R/Village- Firoji, P.S.- Pali Dist.- Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Ms. Rashmi Kumari Mandilwar, Advocate For the Opposite Party/s : Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 385, 427 and 506/34 of the I.P.C. and Sections 16/17 of the U.A.P. Act, 1967.

The prosecution story, in brief, is that the informant being the Managing Director of the Company allotted the work to repair of irrigation canal, in the meantime two unknown persons came there and demanded levy but the informant neither paid levy nor stopped the work. It is further alleged that on 22.2.2016 the unknown accused persons put the hired J.C.B. on fire. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.5.2016 and the charge sheet has been submitted in the present case. There is no allegation of

Patna High Court Cr.Misc. No.35214 of 2016 (3) dt.21-10-2016 2/2 tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. Except for the confessional statement of co-accused there is no other substantive evidence to suggest his implication in the present case. The other co-accused has been granted bail by the court below itself vide B.P. No.548 of 2016.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named 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 Smt. Namita Singh, Sub Judge 3rd, Jehanabad in connection with Pali P.S. case No.07 of 2016.

(Sudhir Singh, J) Narendra/- U T