Govind Kumar @ Kunnu v. The State Of Bihar

Patna High Court Cr.Misc. No.6820 of 2016 (3) dt.08-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6820 of 2016 Arising Out of PS.Case No. -62 Year- 2015 Thana -SARAN GRP CASE District- SARAN ======================================================

1. Govind Kumar @ Kunnu Son of Naresh Mahto Resident of VillageKharagpur, P.s Chandpura, O.P. (Desari)Distt Vaishali..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bindeshwar Prasad Singh For the Opposite Party/s : Mr. U.L.Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-04-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Chhapra Rail P.S. Case No. 62 of 2015 registered for the offence punishable under Section 379 of the Indian Penal Code in which Section 411 IPC was added subsequently.

Allegedly, in Awadh Assam Express Train one bag containing clothes and one ladies bag of white colour containing cash of Rs. 3,000/-, railway ticket, mobile, key etc were stolen away. During investigation the stolen mobile was recovered from possession of the petitioner and he confessing his guilt stated that he has purchased the said mobile for Rs. 2000/- from one unknown at Hajipur.

Submission is of false implication and that the petitioner without any fault is suffering in custody since 23.12.2015, he was

Patna High Court Cr.Misc. No.6820 of 2016 (3) dt.08-04-2016 not knowing that the mobile was stolen one, he has got no criminal antecedent as such he being the bonafide purchaser deserves sympathetic consideration to which learned APP opposes. In the facts and circumstances stated above, considering the detention of the petitioner and further that he has no criminal antecedent, 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 Railway Judicial Magistrate, Sonpur, Saran in connection with Chhapra Rail P.S. Case No. 62 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