Chhotu Mistry @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40024 of 2017 Arising Out of PS.Case No. -99 Year- 2017 Thana -NARHAT District- NAWADA ====================================================== CHHOTU MISTRY @ CHHOTU KUMAR son of Ramswaroop Mistry @ Ramswaroop Mahto, village Narhat, P.S. Narhat, District Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subodh Kumar For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2017 Heard the parties.

The petitioner seeks regular bail in connection with Narhat P.S.Case no.99 of 2017 , registered for offences punishable under Sections 147, 148, 149, 341, 323, 504, 332, 333, 307, 353, 427, 436, 188, 506 and 120B of the Indian Penal Code and Section 3⁄4 of Damage to Public Property Act.

The petitioner is not named in the F.I.R. and later on during the course of investigation of the case, his name has transpired and there is allegation of creating obstruction in discharging official duty and also damaging the public property by assaulting the government officials.

Submission of the learned counsel for the petitioner is that he has been falsely implicated and he is not named in the F.I.R. and nothing specific has been attributed against him.

Patna High Court Cr.Misc. No.40024 of 2017 (2) dt.23-08-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Nawada in connection with Narhat P.S.Case No.99 of 2017 (G.R.No.1805 of 2017). With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T