Shanu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.21214 of 2016 (3) dt.04-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21214 of 2016 Arising Out of PS.Case No. -102 Year- 2015 Thana -AURAI District- MUZAFFARPUR ======================================================

1. Shanu Kumar S/o Uma Shankar Singh Resident of Village+POSarahachia, PS Aurai, Distt Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Parasmani, Advocate For the Opposite Party/s : Mr. Sanjay Kr.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-07-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Aurai P.S. Case No. 102 of 2015 registered for the offences punishable under Sections 392 and 411 of the Indian Penal Code. The petitioner is not named in the First Information Report which is against un-known. During investigation, the name of the petitioner transpired and he confessed his guilt. Submission is of false implication and that besides confessional statement made before the police which was got recorded forcibly, there is nothing against the petitioner, nothing has been recovered from conscious possession of the petitioner and without any legal and cogent material the petitioner is in

Patna High Court Cr.Misc. No.21214 of 2016 (3) dt.04-07-2016 custody since 12.01.2016.

The learned A.P.P. opposes the prayer of bail by submitting that the petitioner has got criminal antecedent. 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 Sri. Sunil Kumar Tripathi, learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Aurai P.S. Case No. 102 of 2015 subject to the conditions that one of the bailors must be 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) sushma/- U T