Patna High CourtCR. MISC./33394/2015bail granted

Jeetendra Chauhan v. The State Of Bihar

2015-10-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33394 of 2015 Arising Out of PS.Case No. -118 Year- 2015 Thana -PATNA GRP CASE District- PATNA ====================================================== Jeetendra Chauhan Son of Sita Ram Chouhan Resident of Village - Muther Beldari Chak, P.S.- Karauna, District - Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jay Kumar For the Opposite Party/s : Mr. Bhanu Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-10-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 379, 411, 401 and 34 of the Indian Penal Code. Allegation against the petitioner is of committing pickpocket of Rs.2500/- from the informant. It has been submitted on behalf of the petitioner that earlier he was granted provisional bail vide order dated 11.8.2015 on the ground that he was to perform Shradh Ceremony of his mother. The said provisional bail was for a period of two weeks but the petitioner could not be released on provisional bail. A supplementary affidavit has been filed to that effect.

The petitioner presses bail on the merit of the case. It has been submitted that petitioner is in custody since 31.3.2015. Chargesheet has been submitted in the case. There is no allegation of tampering with the evidence against the petitioner. Petitioner has been made accused due to mistake of fact. As per allegation, it is said that Rs.2500/- was taken from the pocket of the informant.

Patna High Court Cr.Misc. No.33394 of 2015 (4) dt.06-10-2015 2 / 2 Petitioner is a vegetable seller. There is no recovery from the conscious possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Patna, in connection with Patna Junction P.S. Case no. 118 of 2015.

(Sudhir Singh, J) sudip/- U T