Patna High CourtCR. MISC./22805/2016bail granted

Shyam Kumar v. The State Of Bihar

2016-05-26Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.22805 of 2016 (2) dt.26-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22805 of 2016 Arising Out of PS.Case No. -367 Year- 2015 Thana -GAYA MUFFSIL District- GAYA ======================================================

1. Shyam Kumar Son of Naresh Sao, resident of village- Bagdaha, P.S.- Bodh-Gaya, District- Gaya.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Ram Anurag Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-05-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Gaya Muffasil P.S. Case No. 367 of 2015 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 26/3 (B), 15/18 of Mahua Flower Act. Allegedly, acting on a tip off, from the house of Arjun Sao 750 kg. Mahua Flower kept in 15 bags were recovered and during course of investigation it transpires that the petitioner who is the Bhagina of Arjun Sao was the owner of seized Mahua Flower. Submission is of false implication and that nothing has been recovered from possession of the petitioner or from his house, the petitioner has got no concern with the seized Mahua Flower and without any fault he is suffering in custody since 29.03.2016 having clean antecedent to which learned APP

Patna High Court Cr.Misc. No.22805 of 2016 (2) dt.26-05-2016 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 Chief Judicial Magistrate, Gaya in connection with Gaya Mufassil P.S. Case No. 367 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