Parmod Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23363 of 2016 Arising Out of PS.Case No. -233 Year- 2015 Thana -SOHSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Parmod Bind Son of Late Chalitar Bind Resident of village - Saho Bigha, P.S. Ghosi, District - Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Chandra, Advocate For the Opposite Party/s : Mr. Narsingh Tanti(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 26-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in jail custody since 14.02.2016 in connection with Soh Sarai P.S. Case No. 233 of 2015 registered for the offences punishable under Section 392 of the Indian Penal Code.

The prosecution case, in brief, is that on the alleged date of occurrence, three miscreants entered into the Bank in question and at the point of pistol took the key of strong room and looted away Rs. 47,07,250/- from the said bank.

Patna High Court Cr.Misc. No.23363 of 2016 (2) dt.26-05-2016 2/3 It has been submitted by the counsel for the petitioner that petitioner is not named in the First Information Report and only on the basis of the statement of the spy, name of the petitioner along with other coaccused has surfaced. He further submits that no Test Identification Parade has been conducted and nothing has been recovered from the conscious possession of the petitioner, hence, the statement of the spy has no evidentiary value in the eye of law.

However, learned A.P.P. for the State submits that although the petitioner is not named in the First Information Report, but during investigation, his name surfaced, hence, opposes the prayer for bail. Be that as it may, since nothing has been recovered from the possession of the petitioner, let the petitioner name above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Biharsharif, Nalanda in connection with Soh Sarai P.S. Case No. 233 of 2015, subject to the condition that one of

Patna High Court Cr.Misc. No.23363 of 2016 (2) dt.26-05-2016 3/3 the bailors shall be a close relative of the petitioner, who must possess sufficient immovable properties within the jurisdiction of the said police station and will appear before the learned Court below/ police as and when required and his failure to appear before the learned Court below on two consecutive dates without any reason will entail cancellation of his bail bond.

(Nilu Agrawal, J.) Arjun/- U T