Patna High CourtCR. MISC./41057/2016bail granted

Ashok Prasad @ Ashok Kumar Prasad v. The State Of Bihar

2016-09-29Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41057 of 2016 Arising Out of PS. Case No. -341 Year- 2016 Thana -MARHAURA District- SARAN ====================================================== Ashok Prasad @ Ashok Kumar Prasad, Son of Gautam Prasad, R/o Village- Khabishpur, P.S.- Baniyapur, District - Saran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shashi Shekhar Tiwary, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-09-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 19.07.2016 in connection with Marhowrah P.S. Case No. 341 of 2016 for the offences alleged under Sections 399, 402 and 414 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated merely because he happened to be the owner of the vehicle in question from which two knives and five sticks were recovered. The name of the petitioner has surfaced merely on the basis of the confessional statement of co-accused Pappu Dom. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Saran in connection with Marhowrah P.S. Case No. 341 of 2016 with the following conditions:

(i) That one of the bailors shall be a close relative of the

Patna High Court Cr.Misc. No.41057 of 2016 (2) dt.29-09-2016 2/2 petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) B.T/Ibrar U T