Mukesh Mochi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33880 of 2015 Arising Out of PS.Case No. -36 Year- 2004 Thana -PALI District- JEHANABAD ======================================================

1. Mukesh Mochi Son of Ram Chandra Mochi, Resident of Village- Firozi, Police Station- Pali, District- Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Sharma For the Opposite Party/s : Mr. Dr.M.K.Gautam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-08-2015 Heard learned counsel for petitioner and learned Additional Public Prosecutor for the State. Petitioner is not named in the first information report and admittedly, the alleged occurrence took place in the year, 2004. The name of petitioner came in this case during course of investigation. Furthermore, it is an admitted position that I.O. submitted first charge sheet but in the said charge sheet, petitioner was not shown as an accused. The impugned order of learned Additional Sessions Judge reveals that the petitioner was charge sheeted in supplementary charge sheet, which was filed in the year, 2007.

Paragraph-3 of the petition reveals that the

Patna High Court Cr.Misc. No.33880 of 2015 (2) dt.28-08-2015 2/2 petitioner does not have any criminal antecedent and moreover, the petitioner and the informant are co-villagers but even then, the informant did not name the petitioner at the time of submission of written report.

Accordingly, the petitioner named above, 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 in connection with Pali P.S. Case No. 36 of 2004 to the satisfaction of Learned Chief Judicial Magistrate, Jehanabad.

(Hemant Kumar Srivastava, J) A.K.V./- U T