Patna High CourtCR. MISC./6633/2016bail granted

Nisar v. The State Of Bihar

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

Patna High Court Cr.Misc. No.6633 of 2016 (2) dt.26-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6633 of 2016 Arising Out of PS.Case No. -356 Year- 2015 Thana -JOKIHAT District- ARRARIA ======================================================

1. Nisar son of Izaharul Haq, resident of village- Dubba, P.S.- Jokihat, District- Araria .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ram Narayan Mahto For the Opposite Party/s : Mr. Madhuranand Jha(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 Jokihat (Mahal Gaon) P.S. Case No. 356 of 2015 registered for the offences punishable under Sections 379, 411/34 of the Indian Penal Code. Allegedly, the petitioner was caught when he was loading GI Pipes on the truck stealthily.

Submission is of false implication and that the petitioner is a poor labourer, as per direction of the truck driver he was loading the pipes, he was not knowing that the pipes were being loaded stealthily, the petitioner was of the view that pipes are being loaded with the permission of the owner and without any fault he is suffering in custody since 19.12.2015. Learned APP opposes the prayer of bail.

Patna High Court Cr.Misc. No.6633 of 2016 (2) dt.26-02-2016 In the facts and circumstances stated above, considering the period of detention, 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 the learned S.D.J.M., Araria in connection with Jokihat (Mahal Gaon) P.S. Case No. 356 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