Patna High CourtCR. MISC./27398/2015bail granted

Sanjay Bind v. The State Of Bihar

2015-09-23Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27398 of 2015 Arising Out of PS.Case No. -152 Year- 2014 Thana -KHARAGPUR District- MUNGER ====================================================== Sanjay Bind son of Jamun Singh @ Jhamman Bind @ Jamun Bind Resident of Village - Fasiyabad, P.S. Kharagpur, District - Munger. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ajit Kumar Singh, Advocate. For the Opposite Party : Mr. Surendra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-09-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 364 (A) and 120 (B) of the I.P.C At the very out set it has been submitted that in this case the petitioner is not named in the F.I.R and in the statement recorded under section 164 Cr.P.C also the petitioner is not named and he is suffering in custody since 13.03.2015 and the charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence, whereas, some of the F.I.R. named accused persons have already been allowed bail by order dated 13.05.2015 vide Cr. Misc. Nos. 11540 of 2015, 12636 of 2015 and 13078 of 2015 by another Bench of this Court and

Patna High Court Cr.Misc. No.27398 of 2015 (4) dt.23-09-2015 2/2 further other co-accused Wakil Kumar, Raja Paswan, Santosh Kumar and Akhilesh Kumar have also been granted bail and the case of the petitioner is on the better footing, to which the learned A.P.P. does not oppose.

In the facts and circumstances as stated above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Sadar, Munger in Kharagpur P.S. Case No. 152 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) Abhay/- U T