Mithlesh Rajbhar vs The State Of Bihar on 17 October, 2017

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Patna High Court - Orders

Mithlesh Rajbhar vs The State Of Bihar on 17 October, 2017

Bench: Madhuresh Prasad

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.49409 of 2017
                 Arising Out of PS.Case No. -17 Year- 2017 Thana -SHIVSAGAR District- SASARAM (ROHTAS)
                 ======================================================
                 1. MITHLESH RAJBHAR S/o Budhan Rajbhar, R/o Village- Tenduni,
                 P.S.- Pipra, District- Palamu.

                                                                               .... ....   Petitioner/s
                                                       Versus
                 1. The State of Bihar

                                                             .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Rajesh Kumar Singh, Advocate
                 For the Opposite Party/s : Smt. Renuka Ratnakar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
                 ORAL ORDER

2   17-10-2017

Counsel for the petitioner and the State are present.

Petitioner is an accused in a case registered for offence under sections 147, 148, 149, 323, 435, 385 and 386 of the IPC and sections 13, 17 and 20 of the UAPA Act.

FIR discloses torching of the informant's Polken TATA Hitachi, a road construction vehicle, by a group of Anil Kushwaha, Ajay Rajbhar and ten others miscreants.

Counsel for the petitioner submits that the petitioner is not named in the FIR and has been implicated in this case on confession of co-accused. He is accused in two other cases as per paragraph 3 of the bail petition. In one of them, he is already on bail. Petitioner is in custody since 6.7.2017.

In the facts of the case, the bail application is allowed. Patna High Court Cr.Misc. No.49409 of 2017 (2) dt.17-10-2017 2 Let the petitioner as mentioned above be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Rohtas at Sasaram in PS.Case No. -17 Year- 2017 Thana -SHIVSAGAR District- SASARAM (ROHTAS) on the following conditions:-

(a) 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 him. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(b) The petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.

(c) The petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

  U          T

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Patna High Court - Orders