Patna High CourtCR. MISC./6639/2016bail granted

Rishi Kumar v. The State Of Bihar

2016-02-26Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.6639 of 2016 (2) dt.26-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6639 of 2016 Arising Out of PS.Case No. -608 Year- 2015 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================

1. Rishi Kumar son of Sri Shiv Balak Prasad @ Shiv Balak Mahto, resident of village- Uttarnama, P.S.- Rahui, District- Nalanda.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Alok Kumar @ Alok Kr Shahi For the Opposite Party/s : Mr. G.S.Gupta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Bihar P.S. Case No. 608 of 2015 registered for the offences punishable under Sections 393, 399 and 402 of the Indian Penal Code. The name of the petitioner came in this case in the confessional statement of co-accused who were caught at the spot and except the aforesaid material as well as one criminal antecedent of the petitioner there appears to be nothing against him and he is suffering in custody since 26.12.2015 whereas similarly situated co-accused Biru Paswan has been allowed bail vide Cr. Misc. No. 7209 of 2016 by another co-ordinate Bench of this Court.

In the facts and circumstances stated above, the petitioner

Patna High Court Cr.Misc. No.6639 of 2016 (2) dt.26-02-2016 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 the learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Bihar P.S. Case No. 608 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