Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41829 of 2011 ====================================================== Himmat Mahto, S/o Bahadur Mahto, resident of Village- Samsa, Police Station- Bakhari, District- Begusarai. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. R.N. Singh, Advocate For the Opposite Party/s : Ms. Sangeeta Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 16-02-2012 Heard the parties. The petitioner is in custody in connection with Bakhari P.S. Case No.117 of 2010 for the offences punishable under [STATUTE] . The FIR is against one Tukiya Mahto and two unnamed accused. The allegation is that these three persons took the informant and his friend Ram Rakshi Tanti in the by lane and assaulted them for not responding to the query made by the accused. The friend of the informant Ram Rakshi Tanti subsequently succumbed to the injuries. Learned counsel submits that the petitioner is neither named in the FIR nor he has been put on T.I. parade for identification by the informant and that the only involvement of the petitioner is on the basis of the statement made by the wife of the deceased who is not an eye witness. He submits that the named accused Tukiya Mahto @ Tuko Mahto has since been released on bail in Cr. Misc. No. 21040 of 2011 by an order passed on 20.07.2011. He further submits that the petitioner has a clean antecedent. Regard being had to the submission of learned counsel, let the Patna High Court Cr.Misc. No.41829 of 2011 (3) dt.16-02-2012 2 petitioner, namely, Himmat Mahto be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Bakhari P.S. Case No.117 of 2010 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 bailors will undertake to furnish information to the court about any change in address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse. (iv) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to cancelled. SKPathak/- (Jyoti Saran, J)

Applicable IPC Section: 342

Statute Text:
Section 342 of the Indian Penal Code. Wrongfully confining any person. Whoever wrongfully confines any person shall be punished with simple imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.