Chhotu Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15032 of 2018 Arising Out of PS.Case No. -106 Year- 2016 Thana -NAYA RAM NAGAR District- MUNGER ====================================================== Chhotu Bind, son of Tarni Bind, resident of village Basgarha Bind toil, P.S. Medni Chouki, District Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Naya Ram Nagar P.S. Case No. 106 of 2016 for offences punishable under Sections 395, 397 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that five unknown persons hired his Maruti car and after some time assaulted him, snatched his belongings, mobile and the Maruti car and threw him out of the car.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report and has been falsely implicated in the aforesaid case only on the basis of confessional statement of

Patna High Court Cr.Misc. No.15032 of 2018 (2) dt.15-03-2018 2/3 co-accused Anjan Kumar before the police, which has no evidentiary value in the eye of law. He submits that chargesheet has already been submitted and he is languishing in judicial custody since 07.12.2017.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent as one case of similar nature is pending against him.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-I, Munger, in connection with Naya Ram Nagar P.S. Case No. 106 of 2016, subject to the conditions that:

(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(2) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to

Patna High Court Cr.Misc. No.15032 of 2018 (2) dt.15-03-2018 3/3 move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T