Junaid @ Rub v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10482 of 2016 Arising Out of PS.Case No. -222 Year- 2015 Thana -THAKURGANJ District- KISANGANJ ====================================================== Junaid @ Rub, Son of Late Usma @ Hero, Resident of Village- Gulshan Bitta, P.S.- Kurlicort, District- Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amal Kumar Sinha, Adv. For the Opposite Party/s : Mr. Lalan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3.

26-04-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in a case for the offence punishable under Section 328, 392 of the Indian Penal Code. Allegedly, the petitioner and other two co-accused persons after providing tea and juice mixed with intoxicant snatched Rs. 4,000/- from the informant but due to alarm being raised villagers moved and caught the petitioner and other two coaccused and after search by the police from possession of other two co-accused snatched amount i.e., Rs. 2,000/- from each were recovered.

Submission is that nothing has been recovered from possession of the petitioner, he has been made victim of the

Patna High Court Cr.Misc. No.10482 of 2016 (3) dt.26-04-2016 2/2 circumstances, the petitioner was also a co-passenger and only on suspicion he has been apprehended resulting he is suffering in custody since 09.10.2015.

Learned A.P.P. submits that the petitioner and two other co-accused persons were apprehended at the spot. In the facts and circumstances as stated above, considering the period of detention of the petitioner, now he 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, Kishanganj in connection with Thakurganj P.S. case no. 222/2015 subject to the conditions that one of the bailors must be 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.) Vinita/- U T