Awadhesh Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85476 of 2019 Arising Out of PS. Case No.-200 Year-2018 Thana- DHANARUA District- Patna ====================================================== AWADHESH BIND S/o Shiwlal Bind R/o village- Rarha, P.S.- Dhanarua, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Dhanarua PS case no. 200 of 2018 instituted for the offence punishable under Sections 385, 387 of Indian Penal Code, Section 17 of C.L. Act and Section 18 of U.P.A. Act. The allegation is regarding the informant, who happens to be the Manager of Mother India Construction Pvt. Ltd., having arrived at the site, on the alleged date and time of occurrence for the purposes of supervising the work, when two boys came on a motorcycle and handed over a letter written by the Maoist group, wherein 5% levy was demanded and in the event of non-fulfilment of the said demand, a threatening was given that the informant shall be killed.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.85476 of 2019(2) dt.07-01-2020 2/2 submitted that the petitioner is innocent and has been falsely implicated in the present case. It is further submitted that the name of the petitioner has transpired in the confessional statement made by co-accused person namely Anil Yadav @ Anil Tiger, who has already been granted regular bail by the learned trial court. Lastly, it is submitted that though the petitioner is an accused in one other case, however he is on bail in the said case. The petitioner is said to be languishing in custody since 29.07.2019.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the fact that no. T.I. parade has been held so as to connect the petitioner with the alleged crime, and having regard to the fact that the petitioner is languishing in custody since 29.07.2019, I deem it fit and proper to grant regular bail to the petitioner herein on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Masaurhi in connection with Dhanarua PS case no. 200 of 2018. (Mohit Kumar Shah, J) rinkee/- U T