Patna High CourtCR. MISC./30177/2017bail granted

Chote Bind @ Chotu Bind v. The State Of Bihar

2017-08-10Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30177 of 2017 Arising Out of PS. Case No. -12 Year- 2017 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Chote Bind @ Chotu Bind Son of Kailash Bind, resident of VillageKauwa Thore, P.S.- Chand, District- Kaimur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Jitendra Kumar Pandey, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 09.04.2017 in connection with Bhabua P.S. Case No. 12 of 2017 for the offences alleged under Section 395 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and he has not been named in the first information report and his name has surfaced on the extra-judicial confession of the co-accused Sugriv Koeri. Except extra-judicial confession, there is no other material to connect the petitioner with the alleged offence. The said co-accused Sugriv Koeri has already been granted bail by this Court in cr. Misc. No. 26271 of 2017. The petitioner is accused in three prior cases in which he is accused and on bail in the three cases.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur in connection with Bhabua P.S. Case No. 12 of 2017 with the following conditions:

Patna High Court Cr.Misc. No.30177 of 2017 (4) dt.10-08-2017 2/2 (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) B.T/- U T