Mahesh Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40036 of 2014 Arising Out of PS.Case No. -277 Year- 2013 Thana -MADHEPUR District- MADHUBANI ====================================================== Mahesh Pal Son of Sardar Resident of Village - Balrampur, Police Station - Nidhoe, District - Shahjahanpur (Utter Pradesh) .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 09-02-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence punishable under Sections 379, 511 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act. The allegation is that police personnel (informant) received information that the locks of the jewellery shop at Purani Bazar, Jhanjaharpur, have been broken by unknown thieves but no theft has been committed. The informant with police personnel went there and found that 3/ 4 persons ran towards the lane. They started firing on the police personnel. On chase, one of them was apprehended who disclosed his name as Mahesh Pal, petitioner and he disclosed the names of three miscreants. All of them were resident of Balrampur, P.S.- Nehai, District-Shahjahapur (U.P.). It is alleged that three broken locks were recovered from the possession of the petitioner.

It is submitted that after investigation chargesheet has been submitted and the case has been

Patna High Court Cr.Misc. No.40036 of 2014 (4) dt.09-02-2015 2/2 committed to the court of sessions and the charge has been framed against the petitioner. As such, there is no chance of tampering with the witnesses. Petitioner has been in custody since 30.12.2013 having no criminal antecedent.

Considering the facts and circumstances of this case, the above-named petitioner is directed to 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 learned Adhoc Addl. Sessions Judge-III, Madhubani in Madhepur P. S. Case no. 277 of 2013 with the following conditions :

1. One of the bailors will be the close relative of the petitioner.

2. The petitioner will not indulge in similar or in any other offence.

3. The petitioner will be well represented in the court.

4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned. (Amaresh Kumar Lal, J) sudip/- U T