Patna High CourtCR. MISC./72856/2019bail granted

Jiwachh Kumar @ Gudar Mahto v. The State Of Bihar

2019-12-11Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72856 of 2019 Arising Out of PS. Case No.-28 Year-2019 Thana- SHANKARPUR District- Madhepura ====================================================== JIWACHH KUMAR @ GUDAR MAHTO Son of Doman Mahto @ Domi Mahto Resident of Village- Baramhottar (Bramottar), Ward No. 08, Maheswa (Maheshua) O.P.- Bharrahi, P.S.- Madhepura, District- Madhepura. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Shekhar Kumar Singh, Adv.

For the Opposite Party :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Shankarpur P. S. Case No. 28 of 2019 instituted for the offence under Section 394 of the Indian Penal Code.

It is submitted by petitioner's counsel that the petitioner has not named in the FIR. No recovery whatsoever has been made from his possession and only upon his implication by statement of co-accused before the police, the petitioner has been taken into custody on 09.08.2019. He is having no criminal antecedents and till date has not been put on Test Identification Parade.

The learned APP for the State opposed the prayer for bail.

Patna High Court CR. MISC. No.72856 of 2019(2) dt.11-12-2019 2/2 Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM-Ist, Madhepura, in connection with Shankarpur P. S. Case No. 28 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fail to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T