Dharamnath Raut @ Dharamnath Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72451 of 2018 Arising Out of PS. Case No.-149 Year-1999 Thana- RAXAUL District- East Champaran ====================================================== Dharamnath Raut @ Dharamnath Patel Son of Late Sant Raut, Resident of Village-Sahdeva, P.S.-Raxaul, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Raxaul P.S. Case No. 149 of 1999 registered for the offence punishable under Sections 397 and 395 of the Indian Penal Code.

The Informant has alleged that on 17.09.1999, 7-8 miscreants came and forcibly entered in the house and took away household articles, ornaments, cash etc.. It has been submitted on behalf of the petitioner he is innocent and has falsely been implicated in this case at the instance of his enemies. Petitioner is not named in the F.I.R. and no incriminating article has been recovered from his possession. The petitioner has been remanded in this case 27.04.2017 but no T.I.P. has been conducted as yet.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.72451 of 2018(3) dt.20-12-2018 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 Sub-Divisional Judicial Magistrate, Raxaul, Motihari, East Champaran in connection with Raxaul P.S. Case No. 149 of 1999, 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(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) Sanjay/- U T