Jalandhar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26974 of 2015 Arising Out of PS.Case No. -6 Year- 2014 Thana -NANPUR District- SITAMARHI ====================================================== Jalandhar Ray S/o Late Rudal Ray resident of village - Bhalvaha, P.S. Dumra, District - Sitamarhi .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Kumar, Advocate For the Opposite Party/s : Mr. Nityanand, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-10-2015 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.
The petitioner seeks bail in a case for the offences punishable under Section 396 of the Indian Penal Code and 3/4 of the Explosive Substance Act.
Allegedly, in the house of Ram Krishna Singh, dacoity was committed and Ramnandan Mahto was murdered. The informant has given the name of Chandra Mohan Thakur, Anirudh Das and others. During investigation, on the basis of information given by spy, co-accused Md. Idrish Nut @ Idrish Nut was arrested and in his confessional statement, the name of the petitioner and others transpired.
Submission is of false implication and that the petitioner is not named in the First Information Report. He is in custody since 12.04.2015 but he has not been put on T.I. Parade. No incriminating article has been recovered from the possession of the petitioner or from his house. Other co-accused Md. Idrish Nut @
Patna High Court Cr.Misc. No.26974 of 2015 (3) dt.13-10-2015 2/2 Idrish Nut, Allauddin Mian and Ram Charan Sahni @ Golauri have been allowed bail by another co-ordinate Benches of this Court by order dated 18.07.2014, 10.04.2015, 10.04.2015 passed in Criminal Miscellaneous Nos. 20802 of 2014, 43204 of 2014 and 49146 of 2014 respectively and, as such, they also deserve sympathetic consideration.
The learned A.P.P. submits that the petitioner has no criminal antecedent.
In the facts and circumstances as stated above, the petitioner 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, Pupari at Sitamarhi in connection with Nanpur P.S. Case No. 06 of 2014, 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) Vats/- U T