Dablu Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48890 of 2015 Arising Out of PS.Case No. -8 Year- 2014 Thana -CIVIL LINE District- GAYA ======================================================

1. Dablu Mian S/o Late Abdul hasnat, Resident of Village - Gewal Bigha, Munni Masjid, P.S. - Rampur, District - Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Shailendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-12-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 461 and 379 of the I.P.C The case has been lodged against unknown for the theft in the shop of the informant and name of the petitioner transpired in the confessional statement of co-accused Vijay Yadav.

Submission is of false implication and that in this case co-accused Md. Tarjan @ Shahnawaz Ahmad has already been allowed bail by another coordinate Bench of this Court vide Cr. Misc. No. 29014 of 2015 and the petitioner has voluntarily surrendered on 20.05.2015 and since then he is in custody.

Patna High Court Cr.Misc. No.48890 of 2015 (3) dt.15-12-2015 2/2 Nothing has been recovered from the house of the petitioner or from his possession and as such he deserves sympathetic consideration as charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence. The learned A.P.P. fairly submits that the co-accused Md. Tarjan @ Shahnawaz Ahmad has been allowed bail and the petitioner has voluntarily surrendered.

In the facts and circumstances as stated above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Gaya in Civil Lines P.S. Case No. 08 of 2014/ G.R. No. 104 of 2014, 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) Abhay/- U T