Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49707 of 2015 Arising Out of PS.Case No. -396 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Bipin Kumar Son of Ramesh Lal @ Ramesh Kumar Resident of Mohalla - Dak Bunglow Road, Hajipur, P.S. - HajipurTown, District - Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Chandra Verma For the Opposite Party/s : Mr. Shyam Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-12-2015 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 396 of 2015 registered for the offences punishable under Sections 341 and 384/34 of the Indian Penal Code.

Allegedly three motorcycle borne criminals surrounded the informant and snatched cash of Rs. 6,000/-, 2 mobiles having two sims each, ATM Card, Driving License and Pan Card and the informant identified the number of that motorcycle bearing registration no. BR-31T-5936 and also identified the petitioner. Submission is of false implication and that occurrence is of 26.07.2015 and F.I.R. has been lodged on 01.08.2015 without

Patna High Court Cr.Misc. No.49707 of 2015 (2) dt.04-12-2015 2/2 any explanation. Nothing has been recovered from possession of the petitioner and he is suffering in custody since 01.08.2015. The learned A.P.P. fairly submits that from the impugned order it does not reveal regarding any recovery from possession of the petitioner.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and, as such, 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., Vaishali arising out of Hajipur Sadar P.S. Case No. 396 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