Patna High CourtCR. MISC./5233/2016bail granted

Badal Kumar v. The State Of Bihar

2016-03-30Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.5233 of 2016 (5) dt.30-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5233 of 2016 Arising Out of PS.Case No. -146 Year- 2015 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Badal Kumar S/o Sadhu Sharan Ram Resident of Village - Maliksarai (Kobil), P.S. - Islampur, Distt - Nalanda..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Atul Kumar Pandey For the Opposite Party/s : Mr. Ahmad Ali (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-03-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Islampur P.S. Case No. 146 of 2015 registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code. Allegedly, Hero Passion Pro motorcycle bearing registration no. BT02W-0958 was stolen away by unknown thief and during investigation the petitioner was apprehended with said stolen motorcycle on 25.11.2015.

Submission is of false implication and that nothing was recovered from possession of the petitioner, from seizure list it reveals that motorcycle was recovered from near Islampur Patna Road Bridge and as such the petitioner deserves sympathetic consideration to which learned APP opposes.

Patna High Court Cr.Misc. No.5233 of 2016 (5) dt.30-03-2016 In the facts and circumstances stated above, the petitioner above named shall be released after completion of six months in custody from the date of his remand in this case on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa (Nalanda) in connection with Islampur P.S. Case No. 146 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T