Patna High CourtCR. MISC./22480/2016bail granted

Harikishore Prasad v. The State Of Bihar

2016-07-05Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.22480 of 2016 (3) dt.05-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22480 of 2016 Arising Out of PS.Case No. -68 Year- 2015 Thana -BHANGWANPUR HAT District- SIWAN ======================================================

1. Harikishore Prasad Son of Ajor Prasad, resident of village- Pakri Narottan, P.S.- Panapur, District- Chapra (Saran).... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. S.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-07-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 68 of 2015 registered for the offence punishable under Section 379 of the Indian Penal Code. First Information Report is against unknown for committing theft of motorcycle of the informant. During investigation the petitioner was remanded in this case from another case and he confessed his guilt and thereafter, the stolen motorcycle was recovered from the house of co-accused Satyendra Prasad.

Submission is of false implication and that the petitioner is suffering in custody since 20.02.2016, nothing has been recovered from possession of the petitioner and in Mashrakh P.S. Case No. 94 of 2015 he is on bail and as such he deserves

Patna High Court Cr.Misc. No.22480 of 2016 (3) dt.05-07-2016 sympathetic consideration to which the learned APP opposes. 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 Judicial Magistrate, Siwan in connection with Bhagwanpur P.S. Case No. 68 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) avin/- U T