Jiwa Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5911 of 2016 Arising Out of PS.Case No. -33 Year- 2015 Thana -SULTANGANJ District- PATNA ====================================================== Jiwa Ram, Son of Pradeep Ram, a resident of Mohalla- Ambedkar Colony, Pani Tanki, P.S.- Alamganj, District- Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Mouar, Advocate For the Opposite Party/s : Mr. Ashok Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-04-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offences punishable under section 392 of the Indian Penal Code. Allegedly, three unknown miscreants being armed with pistol snatched Mobile Phone, Ring, Locket and cash from the informant and the informant has given mobile number and IMEI number. During investigation, the spy of the police disclosed the name of the petitioner and further mobiles were recovered from possession of the petitioner and it is alleged that IMEI number tallies with one looted mobile.

Submission is of false implication and that IMEI which is said to be of looted mobile does not tally with first

Patna High Court Cr.Misc. No.5911 of 2016 (3) dt.06-04-2016 2/2 information report which is mentioned in paragraph-1 of the case diary also, without any legal and tangible material the petitioner is suffering in custody since 11.12.2015 having no criminal antecedent to which the learned A.P.P. opposes but after going through paragraph-37 of the case diary and first information report fairly submits that IMEI number does not tally as in the last digit there is zero as mentioned in paragraph-37, but in the first information report, there is six.

In the facts and circumstances stated above, the petitioner, above named, 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 A.K. Rai, J.M. 1st Class, Patna City in connection with Sultanganj P.S. Case No.33 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) N.H./- U T