Shiv Shankar Dhobi @ Tyagiji @ Baba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55089 of 2019 Arising Out of PS. Case No.-12 Year-2013 Thana- KHUDWA District- Aurangabad ====================================================== SHIV SHANKAR DHOBI @ TYAGIJI @ BABA S/o Karamu Rajak R/o Village- Pachariya, P.S.- Rafiganj, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 149, 341, 427, 435, 384 of the Indian Penal Code, Section 27 of the Arms Act and 17 of the C.L.A. Act.

The prosecution case, as lodged is that some unknown criminals burnt the JCB machine etc. of M/s R.K. Construction and Company, which was engaged in construction of road and fled away making slogans of Lal Salam Zindabad and Bhakpa Maovadi Jindabad.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.55089 of 2019(2) dt.02-09-2019 2/3 petitioner is not named in the F.I.R. and it is only on the basis of confessional statement of co-accused that the petitioner has been made accused which has no evidentiary value in the eye of law. It is further submitted that the similarly co-accused has been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 10691 of 2017 dated 29.03.2017. In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Khudawan Police Station Case No. 12 of 2013, subject to the conditions that:

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

(II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and her absence on two consecutive dates without sufficient reasons, her bail bond shall be cancelled by the court below. (III) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.55089 of 2019(2) dt.02-09-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Anjani Kumar Sharan, J) devendra/- U T