Mir Kapil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48385 of 2015 Arising Out of PS.Case No. -290 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Mir Kapil son of late Mir Nazir, resident of village-Siswa (Sahban Tola), Police Station-Turkauliya, District-East Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Rajendra Pd.Nat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-12-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Turkauliya (Banjaria) P.S. Case No. 290 of 2015 registered for the offences punishable under Section 387of the Indian Penal Code and Sections 42, 45 (2) (xii) of the Prisoner Act. Allegedly the petitioner and co-accused Mir Dulare demanded ransom of Rs. 10,00,000/- from the informant by causing threats from Motihari Jail.

Submission is of false implication and that due to dirty politics and previous enmity the petitioner has been implicated by the informant, the mobile number furnished by the informant is not of the petitioner, only with a view to implicate the petitioner he has been named in this false case, the petitioner is in custody since 31.07.2015 and as such he deserves sympathetic

Patna High Court Cr.Misc. No.48385 of 2015 (3) dt.21-12-2015 consideration.

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, considering that charge-sheet has already been submitted and there is no chance of tampering with the prosecution evidence, 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 C.J. M. Motihari, District-East Champaran arising out of Turkauliya (Banjaria) P.S. Case No. 290 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) rohit/- U T