Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13375 of 2016 Arising Out of PS.Case No. -208 Year- 2015 Thana -LAXMIPUR District- JAMUI ======================================================

1. Sanjeet Kumar son of Sri Anachh Yadav resident of village - Bajarahi, Police Station Khaira, District Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Z.Hoda (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 363, 419, 420 and 120 B of the I.P.C The petitioner is not named in the First Information Report wherein it is alleged that the amount of Rs. 7,000/- and again Rs. 4,000/- were got deposited in Account No. 40400100005888 standing in the Bank of Baroda and the account holder is Nandan Kumar Sharma who stated that the amount was withdrawn by Ajay Yadav. During investigation it transpires that the amount was given to the petitioner in presence of Ashok

Patna High Court Cr.Misc. No.13375 of 2016 (3) dt.17-05-2016 2/3 Kumar Yadav and the mobile used in the crime was also in the name of the petitioner and further the petitioner confessed his guilt.

Submission is of false implication and that only on the basis of the statement of other co-accused the petitioner has been implicated in this case, there is no legal and tangible material that the petitioner is the beneficiary, without any legal and tangible material the petitioner is in custody since 09.01.2016 and as such he deserves sympathetic consideration.

The learned A.P.P. opposes prayer for bail by submitting that against the petitioner charge sheet has been submitted.

In the facts and circumstances as stated above, considering detention of the petitioner and further that there is no chance of tampering with the prosecution evidence, he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Amrendra Kumar, J.M. 1st Class, Jamui in Laxamipur (Gidhaur) P.S. Case No. 208 of 2015/ G.R. No. 1946 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

Patna High Court Cr.Misc. No.13375 of 2016 (3) dt.17-05-2016 3/3 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) Abhay/- U T