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Patna High CourtCR. MISC./11669/2015bail granted

Umesh Prasad @ Chawaniya v. The State Of Bihar

2015-06-29Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11669 of 2015 Arising Out of PS.Case No. -18 Year- 2015 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Umesh Prasad @ Chawaniya son of Sheo Nandan Raut Resident of village Koiriya Tola, Raxaul, Police Station - Raxaul, District - East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-06-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 15.01.2015 in connection with Raxaul P.S. Case No. 18 of 2015 for the alleged offences under Sections 387,506 and 34 IPC.

3. It is submitted that the petitioner has been falsely implicated and the accusations against him are highly improbable, more so as no case has been instituted against him for the murder of the father of the Cinema Hall proprietor as alleged by the latter. The petitioner was also not found to be armed at the time of occurrence which further renders the prosecution story unlikely. No independent witnesses have come forward to support the accusations in this connection.

Patna High Court Cr.Misc. No.11669 of 2015 (4) dt.29-06-2015

4. Having regard to the entirety of the facts and circumstances, 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 Sub-divisional Judicial Magistrate, Raxaul at Motihari in connection with Raxaul P.S. Case No. 18 of 2015 with the condition 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, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran U T