Dabla Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12891 of 2016 Arising Out of PS.Case No. -985 Year- 2015 Thana -SITAMARHI District- SITAMARHI ====================================================== Dabla Raut S/o Chhote Raut Resident of Village- Court Bazar, Ring Bandh, P.S. and District- Sitamarhi.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Manoj Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-05-2016 Heard the learned counsel for the petitioner and the learned A.P.P representing the State.
The petitioner seeks bail in connection with Sitamarhi P.S. Case No. 985 of 2015 registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code. Allegedly, two laptops, two mobiles, two emergency lights, one watch were stolen away from the room of the informant and Abhishek Kumar by unknown thief. During investigation, on the basis of the information furnished by spy, the petitioner was apprehended and one stolen laptop and other articles were recovered and further on the basis of his confessional statement, from the possession of co-accused Subodh Kumar @ Subhash Mandal, also one stolen laptop was
Patna High Court Cr.Misc. No.12891 of 2016 (3) dt.09-05-2016 2/2 recovered.
Submission is of false implication that the recovered articles had not been put on T.I.P. and the petitioner is suffering in custody since 20.12.2015. Nothing has been recovered from the conscious possession of the petitioner. The house is joint family property and as such the petitioner deserves sympathetic consideration to which the learned APP opposes the prayer of bail as the petitioner has got criminal antecedent. In the facts and circumstances stated above, the petitioner shall be released on bail after completion of six months in custody from the date of remand 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, Sitamarhi in connection with Sitamarhi P.S. Case No.
985 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.