Virendra Nut @ Khuta Nut v. The State Of Bihar

Patna High Court Cr.Misc. No.26476 of 2016 (3) dt.26-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26476 of 2016 Arising Out of PS.Case No. -199 Year- 2016 Thana -MARHAURA District- SARAN ====================================================== Virendra Nut @ Khuta Nut Son of Ram Ishwar Nut @ Ramishwar Nut resident of village - Sihoriya, P.S. Baniyapur, District - Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate. For the Opposite Party/s : Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 4.5.2016 in connection with Marhowrrah P.S. Case No. 199 of 2016 registered for offence under Section 379/34 of the Indian Penal Code. The prosecution story, in brief, is that in the night of 3⁄45.2016 at about 00-15 hours while all the villagers were enjoying dinner party at the house of Awadhesh Verma on the occasion of Tilak Ceremony, all of a sudden the villagers started running here and there on the alarm of Chor-Chor and found that 3-4 thieves were running away after committing theft of a motorcycle and villagers caught one of the four thieves who disclosed his name as Virendra Nut and also disclosed that the person who fled away

Patna High Court Cr.Misc. No.26476 of 2016 (3) dt.26-08-2016 with stolen motorcycle was Givinda upon which the villagers assaulted the accused and handed over him to the police. On behalf of the petitioner, it is submitted that the petitioner is in custody since 4.5.2016. Charge-sheet has been submitted in the present case. There is no allegation of tempering of witnesses alleged against the petitioner. He has been made accused in the present case due to mistake of fact. There is no recovery of any incriminating articles from the possession of the petitioner. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid 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 the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Marhowrrah P.S. Case No. 199 of 2016.

(Sudhir Singh, J) Prakash/- U T