Patna High CourtCR. MISC./62747/2018bail granted

Shiv Gope @ Shivjee Yadav @ Shivjee Prasad v. The State Of Bihar

2018-10-31Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62747 of 2018 Arising Out of PS. Case No.-64 Year-2013 Thana- RAMKRISHNANAGAR District- Patna ====================================================== SHIV GOPE @ SHIVJEE YADAV @ SHIVJEE PRASAD S/o Late Rabindra Prasad R/o Vill-Barbigha, P.S.-Dhanarua, ,Distt.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha For the Opposite Party/s :

Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Ramkrishna Nagar P.S. Case No. 64 of 2013 registered for the offence punishable under Sections 448, 436/34 of the Indian Penal Code. Allegation against the petitioner is of taking out Cot and Beds of the Informant outside the house and putting it on fire. FIR is against unknown.

It has been submitted on behalf of the petitioner that the petitioner has committed no offence and has been implicated in this case on suspicion. Similarly, situated co-accused person has been granted bail by a co-ordinate bench of this Court vide order dated 12.08.2014 in Criminal Miscellaneous No. 22466 of 2014. Petitioner is in custody since 27.03.2017. Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.62747 of 2018(3) dt.31-10-2018 2/2 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 Judicial Magistrate1st Class, Patna, in connection with Ramkrishna Nagar P.S. Case No. 64 of 2013, 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 represented on each and every date fixed by the court.

(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