Chhotu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37731 of 2017 Arising Out of PS.Case No. -110 Year- 2016 Thana -TARAIYA District- SARAN ====================================================== Chhotu Rai, son of Bishwanath Rai, R/o Village- Chakiya, P.S.- Taraiy, District- Saran at Chapra.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-08-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Taraiya P.S. Case No. 110 of 2016 registered for the offences punishable under Sections 461 and 379 of the Indian Penal Code. Petitioner is not named in the FIR and later on his name transpires in the confessional statement of co-accused and the case is of committing theft.

Submission of learned counsel for the petitioner is that except confessional statement there is nothing against him and no stolen article of the present case has been recovered from his possession, rather whatever has been recovered is in another case in which he is on bail. Further submission is that he is in custody for more than one year.

Heard learned APP also.

Patna High Court Cr.Misc. No.37731 of 2017 (3) dt.25-08-2017 2/2 Having heard both sides and considering the facts and circumstances, let the petitioner, above named, be released 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 the Additional Chief Judicial Magistrate-IX, Saran at Chapra, in connection with Trial No. 1165 of 2017, arising out of Taraiya P.S.Case No. 110 of 2016, subject to the conditions :- (i) One of the bailors should be a local person having sufficient immoveable properties within the jurisdiction of court concerned, (ii) Petitioner will co-operate in trial and will appear on each and every date fixed in the case and on failure to appear without any genuine reason or without permission of court, his bail bond shall be cancelled.

(iii) If active involvement of the petitioner in such type of cases is found in future, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U