Bihari Chandrabanshi @ Bihari Rawani @ Bihari Jee @ Shyam Bihari Chandrabanshi @ Shyam Bihari Prasa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30693 of 2018 Arising Out of PS.Case No. -20 Year- 2013 Thana -PAUTHU District- AURANGABAD ======================================================
1. Bihari Chandrabanshi @ Bihari Rawani @ Bihari Jee @ Shyam Bihari Chandrabanshi @ Shyam Bihari Prasad S/o Shankar Ram, R/o Vill.- Jujharpur, P.S.- Goh, District- Aurangabad.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody since 07.03.2018 in connection with Pauthu P.S. Case No. 20 of 2013 for the offence registered under Sections 147, 148, 149, 341, 323, 379 and 435 of the Indian Penal Code, section 27 of the Arms Act, Section 17 of the CLA Act and section 10 of the unlawful Activities (prevention) Act.
Learned counsel for the petitioner submits that the petitioner is not named in the first information report but subsequently, on the basis of the confessional statement made before the police by co-accused, Yogendra Rajak @ Chhotu, the petitioner has been implicated in connection with the present case.
It is further submitted that the petitioner has not yet been placed on T.I. Parade and the statement made before the police by the coaccused has no evidentiary value. Considering the aforesaid 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 the like amount each to the satisfaction of SDJM, Daudnagar, District Aurangabad in connection with Pauthu P.S. Case No. 20 of 2013, subject to the following conditions :-
(1) one of the bailors will be his father.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.
(4) The petitioner shall co-operate 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.
(Anjana Mishra, J) Jagdish/- U T