Md. Sonu v. The State Of Bihar

Patna High Court Cr.Misc. No.9196 of 2016 (3) dt.12-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9196 of 2016 Arising Out of PS.Case No. -188 Year- 2015 Thana -MUNGER MUFFASIL District- MUNGER ======================================================

1. Md. Sonu S/o Bachhu Mistry R/o Village- Churamba, .P.s Kotwali, District Munger..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Sinha For the Opposite Party/s : Mr. Surendra Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-05-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Munger Muffassil P.S. Case No. 188 of 2015 registered for the offence punishable under Section 394 of the Indian Penal Code. The petitioner is named in the first information report along with other co-accused with allegation that after assaulting the informant they took away motorcycle, helmet, mobile having two sims and cash of rupees one thousand.

Submission is of false implication and that due to enmity the petitioner has been named, the prosecution story appears not probable and reliable, the petitioner was caught by the informant and his men and was brutally assaulted and thereafter, he was handed over to Police, nothing incriminating or looted article has been recovered from possession of the petitioner, without any

Patna High Court Cr.Misc. No.9196 of 2016 (3) dt.12-05-2016 legal and tangible material he is suffering in custody since 11.09.2015.

Learned APP submits that the petitioner is named in the first information report and further he has got criminal antecedent. 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 the learned S.D.J.M., Munger in connection with Munger Muffassil P.S. Case No. 188 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