Rasbihari Bind @ Rasbihari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16731 of 2015 Arising Out of PS.Case No. -182 Year- 1999 Thana -MUNGER MUFFASIL District- MUNGER ======================================================

1. Rasbihari Bind @ Rasbihari Singh Son of Sukhdeo Singh Resident of Permanent Village Laxmipur Taufir , District Munger, At present resident of Villate Raita, P.s (Thana) Bariyarpur, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Sucheta Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-11-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner is named in the first information report but no specific overt act has been attributed against him. No doubt, in paragraphs-25 & 26 of the case diary, witnesses have stated about the involvement of the petitioner in the alleged crime but the aforesaid witnesses, too, have not stated any specific overt act against the petitioner. It would appear from the record as well as impugned order that the charge sheet was submitted against petitioner and other accused in which, the petitioner was shown as absconder but the report of learned court below reveals that cognizance of the offence was taken against the petitioner on 26-11-2008 and,

Patna High Court Cr.Misc. No.16731 of 2015 (5) dt.05-11-2015 2/2 thereafter, petitioner was produced before the court on 04-02-2015 on the basis of production warrant, issued against him. Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, let the petitioner named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Muffasil P.S. Case No. 182 of 1999 to the satisfaction of learned Sub Divisional Judicial Magistrate, Munger.

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