Vikki Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12332 of 2016 Arising Out of PS.Case No. -270 Year- 2011 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Vikki Mehta Son of Chandeshwari Mehta, resident of Village Yogiraj, Police Station- Puraini, District-Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar For the Opposite Party/s : Mr. S. Eheteshmuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-05-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Sour Bazar P.S. Case No. 270 of 2011 registered for the offences punishable under Section 392 of the Indian Penal Code and later on Section 411 of the Indian Penal Code was added. Allegedly, three unknown miscreants at the point of pistol snatched the motor-cycle of the informant and fled away, the informant claimed to identify them after seeing and during investigation, the name of the petitioner transpires in the confessional statement of co-accused Biran Yadav. Submission is of false implication and that the petitioner is in custody since 22.12.2015 but he has not been put on T.I.P., nothing has been recovered from conscious possession

Patna High Court Cr.Misc. No.12332 of 2016 (3) dt.04-05-2016 2/2 of the petitioner and co-accused Biran Yadav in whose confessional statement the name of the petitioner has come has already been acquitted vide Sessions Trial No. 1656 of 2011 and the petitioner without any material is suffering in custody. The learned A.P.P. submits that the petitioner has got criminal antecedent and stolen motor-cycle was recovered in abandoned condition.

In the facts and circumstances stated above, the petitioner, above named, 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, Saharsa in connection with Sour Bazar P.S. Case No. 270 of 2011, 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