Shyamdeo Mochi v. The State Of Bihar

Patna High Court Cr.Misc. No.27793 of 2016 (2) dt.13-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27793 of 2016 Arising Out of PS.Case No. -9 Year- 2016 Thana -PALI District- JEHANABAD ====================================================== Shyamdeo Mochi, S/o Late Nathuni Mochi, R/O Village - Firoji, P.S. - Kako Pali, Dist. - Jehanabad.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rashmi Kumari Mandilwar, Advocate. For the Opposite Party/s : Mr. Umeshanand Pandit(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-07-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Pali P.S. Case No. 09 of 2016 registered under Sections 399, 402, 353 and 307 of the Indian Penal Code and Section 27 of the Arms Act. The accusation is that police on receiving secret information about gathering of miscreants at the house of Saday Prasad Yadav reached there and surrounded the house of Suday Prasad Yadav, where four persons including the petitioner was apprehended and others succeeded to flee away. On search, petitioner was found in possession of Rs.10,000/- and Naxal literature.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.27793 of 2016 (2) dt.13-07-2016 petitioner has falsely been implicated in this case mere on suspicion. It is further submitted that petitioner is accused in one another case, i.e., Pali P.S. Case No. 10 of 2010, which was instituted on the same day of present case and is in custody since 27.02.2016.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Jehanabad, in connection with Pali P.S. Case No. 09 of 2016. Out of two sureties, one surety must be the close relative of the petitioner and further the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T