Patna High CourtCR. MISC./6081/2016bail granted

Bhola Sah And ORS. v. The State Of Bihar

2016-02-23Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6081 of 2016 Arising Out of PS.Case No. -59 Year- 2015 Thana -BAIKUNTHPUR District- GOPALGANJ ======================================================

1. Bhola Sah son of Binod Sah Resident of Village - Purani Bazar, Police Station - Motipur, District - Muzaffarpur.

2. Pawan Rai @ Chhotu son of Megha Rai Resident of Village - Sengar Tola, Police Station - Revilganj, District - Saran (Chapra).

3. Rohit Kumar @ Ajay Singh son of Bhagwan Singh Resident of Village - Sareya Basant, Police Station - Taraiya, District - Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arbind Kumar Singh For the Opposite Party/s : Mr. Ganesh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Baikunthpur P.S. Case No. 59 of 2015 registered for the offence punishable under Section 392 of the Indian Penal Code. The petitioner is not named in the FIR, his name transpired in the confessional statement.

Submission is of false implication and that the petitioner is in custody since 28.08.2015 but he has not been put on T.I.P., nothing has been recovered from his conscious possession, he has been implicated on the basis of confessional

Patna High Court Cr.Misc. No.6081 of 2016 (2) dt.23-02-2016 2/2 statement of co-accused Sagar Manjhi, due to previous enmity save and except confessional statement there is nothing against the petitioner.

Learned A.P.P. submits that in the confession the name of the petitioner has come into light.

In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Arun Tiwary learned Judicial Magistrate, 1st Class, Gopalganj, in connection with Baikunthpur, P.S. Case No. 59 of 2015, subject to the conditions that one of the bailors must be 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) siddharth/- U T