Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11388 of 2016 Arising Out of PS.Case No. -556 Year- 2015 Thana -ARA NAGAR District- BHOJPUR ====================================================== Jitendra Kumar son of Late Rama Shankar Prasad resident of Mohalla - Krishnanagar, Ara, P.S. - Ara, Nawada, Distt. - Bhojpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sheo Jee Mishra, Adv. For the Opposite Party/s : Mr. Sanjay Kr. Singh, App ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-04-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Ara Town P.S. Case No. 556 of 2015 registered for the offence punishable under Section 379 of the Indian Penal Code.

Allegedly, the motorcycle of the informant was stolen away by unknown thief and during investigation the petitioner was apprehended with that stolen motorcycle.

Submission is of false implication and that nothing has been recovered from the conscious possession of the petitioner, he has been made victim of the circumstances, he has got no criminal antecedent, the police has wrongly implicated the petitioner and got his signature on plain paper, the alleged confessional statement of the petitioner has no evidentiary value

Patna High Court Cr.Misc. No.11388 of 2016 (3) dt.29-04-2016 2/2 in the eye of law to which the learned APP opposes by submitting that the petitioner was apprehended with stolen motorcycle. In the facts and circumstances stated above, the petitioner shall be released on bail after completion of six months in custody from date of his 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 leaned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Town P.S. Case No. 556 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) Prakash/- U T