Binay Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.24381 of 2016 (2) dt.01-06-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24381 of 2016 Arising Out of PS.Case No. -132 Year- 2016 Thana -SHERGHATI District- GAYA ======================================================
1. Binay Kumar Jha, son of Bilash Yadav resident of Village- Telariya, P.S.- Sherghati, Distt- Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. Md. Fahimuddin(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-06-2016 Heard learned counsel for the petitioner and learned counsel appearing for the State.
2.
The petitioner is in custody since 31.03.2016 in connection with Sherghati P.S. Case No. 132 of 2016 registered under Sections 414 of the Indian Penal Code and Section 25(1B)A/26 and 35 of the Arms Act and also Section 17 C.L.A. Act. 3.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only because he had failed to lend his motorcycle to the informant. It is further submitted that he has been made a victim of the conspiracy and he is a student and there has been no recovery from his conscious possession rather he was made sign on certain paper, which has now found substance of the F.I.R.
Patna High Court Cr.Misc. No.24381 of 2016 (2) dt.01-06-2016 4.
Considering the nature of allegation made against the petitioner and there has been no recovery from his conscious possession and that he has no criminal antecedent, let the, petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of A.C.J.M., Sherghati, Gaya in connection with Sherghati P.S. Case No. 132 of 2016.
(Anjana Mishra, J) Brajesh/- U T