Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11916 of 2016 Arising Out of PS.Case No. -108 Year- 2015 Thana -NARDIGANJ District- NAWADA ======================================================

1. Bittu Kumar son of Bhonu Singh @ Monu Singh resident of Village Hariya P.S. Nardiganj, District Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar For the Opposite Party/s : Mr. Veena Kumari Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-05-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Nardiganj P.S. Case No. 108 of 2015 registered for the offences punishable under Sections 379, 413 and 414 of the Indian Penal Code.

Allegedly, the petitioner was apprehended with motor-cycle and he confessed that the same is stolen one and further, he disclosed the name of the other co-accused also and on the basis of his confessional statement, other motor-cycles were also recovered.

Submission is of false implication and that the petitioner has been made victim of the circumstances, nothing

Patna High Court Cr.Misc. No.11916 of 2016 (3) dt.02-05-2016 2/2 has been recovered from his conscious possession, seizure list does not bear the signature of the petitioner nor the copy of the same was given to him and due to police atrocity, he is suffering in custody since 10.09.2015.

Learned A.P.P. opposes the prayer of bail by pointing out the alleged recovery.

In the facts and circumstances stated above, considering that charge-sheet has already been submitted and, further considering the 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, Nawada in connection with Nardiganj P.S. Case No. 108 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) ajaypd./- U T