Kanhaiya Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.6962 of 2016 (2) dt.02-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6962 of 2016 Arising Out of Motihari Town PS.Case No. -778 Year- 2015 Thana -MOTIHARI TOWN DistrictEAST CHAMPARAN (MOTIHARI) ====================================================== Kanhaiya Prasad, Son of Hiralal Prasad, Resident of Mohalla- Miscot, P.S Motihari Town, District East Champaran ..... .... Petitioner

Versus

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

For the Petitioner : Mr. Abhishek Kumar, Advocate. For the Opposite Party : Mr. Ajay Kr. 1(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-03-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Motihari Town P.S. Case No. 778 of 2015 registered for the offences punishable under Sections 457, 380 of the Indian Penal Code. The petitioner is not named in the First Information Report. It is submitted that the name of the petitioner has come during investigation in the statement of a witness that the petitioner was seen wandering at the spot and speedily going away from the place of occurrence. Nothing has been recovered from the possession of the petitioner and he is suffering in custody since 20.11.2015.

The learned A.P.P. fairly submits that the petitioner was seen wandering near the place of occurrence and he has got criminal antecedent also.

Patna High Court Cr.Misc. No.6962 of 2016 (2) dt.02-03-2016 In the facts and circumstances stated above and considering the detention of the petitioner, 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 like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Motihari Town P.S. Case No.778 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) Amit/- U T