Lala Mistry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22476 of 2017 Arising Out of PS.Case No. -14 Year- 2016 Thana -PAUTHU District- AURANGABAD ======================================================

1. Lala Mistry Son of Mahavir Mistry, R/o Village- Pakari, P.S.- Goh, District- Aurangabad (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishore Prasad For the Opposite Party/s : Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with Pauthu P.S.Case No.14 of 2016 registered for offences punishable under Sections 147, 148, 149, 341, 323, 427, 5546, 386, 387 & 504 of the Indian Penal Code and Section 17 of CLA Act. The petitioner is not named in the F.I.R. and his name transpired during the course of investigation of the case. It is submitted on behalf of the petitioner that except his own confessional statement, there is nothing against him and further though he has criminal antecedent but he is on bail in both the cases. It is also submitted that he is in custody for about four months and other co-accused persons, having similar allegation, have already been granted bail by this Court, vide order dated

Patna High Court Cr.Misc. No.22476 of 2017 (2) dt.11-05-2017 2/2 28.7.2016 passed in Cr. Misc. No.29833 of 2016. Heard learned A.P.P. also.

Having heard both sides and in view of the fact that the other co-accused persons having similar allegation have already been granted bail by this Court, as such, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Aurangabad (Bihar) in connection with Pauthu P.S.Case No.14 of 2016 dated 6.3.2016. 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 the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U