Nanhe Singh @ Nanhey Singh @ Mirtunjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60807 of 2018 Arising Out of PS. Case No.-188 Year-2017 Thana- DARAUNDA District- Siwan ====================================================== Nanhe Singh @ Nanhey Singh @ Mirtunjay Singh Son of Chitranjan Singh, resident of Village- Karsaut, P.S. Daraundha, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prashant Kumar For the Opposite Party/s :

Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Daraunda P.S. Case No. 188 of 2017 registered for the offence punishable under Sections 379 and 401 of the Indian Penal Code.

Informant has alleged that on 17.10.2017 at about 2:00 pm he was intercepted by three unknown motorcycle borne miscreants near Shivam Enterprises who forcefully took Rs. 1,35,000/- from the dickey of his motorcycle and one mobile phone.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner is not named in the FIR. Nothing has been recovered from the possession of the petitioner. TIP of the petitioner has also not been conducted. Similarly, situated co-accused person

Patna High Court Cr.Misc. No.60807 of 2018(2) dt.11-10-2018 2/2 has been granted bail by a co-ordinate bench of this Court vide order dated 28.08.2018 in Criminal Miscellaneous No. 46037 of 2018. Petitioner is in custody since 16.05.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Siwan, in connection with Daraunda P.S. Case No. 188 of 2017, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U