Ravi Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17019 of 2016 Arising Out of PS.Case No. -123 Year- 2015 Thana -GOH District- AURANGABAD ====================================================== Ravi Kumar Gupta son of Kailash Saw, Resident of village- Jemuawan, P.S. Daudnagar, District- Aurangabad .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Sinha, Advocate For the Opposite Party/s : Mr. Md.Sufiyan , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-06-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Goh P.S. Case No. 123 of 2015 registered for the offence punishable under Section 379 of the Indian Penal Code.

Allegedly, some ornaments which were in the dickey of the motor-cycle, the motor-cycle and two mobiles of the informant were snatched by unknown miscreants. During investigation, the petitioner and other two co-accused were apprehended and the looted motor-cycle, arms and another motor-cycle were recovered at Haspura P.S. and further, the petitioner and other co-accused confessed their guilt. Submission is of false implication and that without

Patna High Court Cr.Misc. No.17019 of 2016 (3) dt.23-06-2016 2/2 applying the mandatory provision of law, search and seizure were made, the petitioner has been made accused in four cases without any basis, the petitioner is in custody since 28.11.2015 and has been sufficiently penalized.

Learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above, 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 Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Goh P.S. Case No. 123 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