Anuj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47203 of 2014 Arising Out of PS.Case No. -530 Year- 2014 Thana -PHULWARI District- PATNA ======================================================
1. Anuj Kumar Son of Jagdish Singh resident of Yarpur Gardanibagh, D.B.C. Road Near Ashok Lodge, P.S.- Gardanibagh, District- Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Indiwar Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-02-2015 Heard the parties.
This is an application for bail for the offences punishable under section 414 of the I.P.C.
Allegedly, three petitioner were caught including the petitioner and from co-accused Deepak Kumar one black colour Bajaj Pletina Motor Cycle and from co-accused Birendra Kumar one Black Colour Honda Dreem Motor Cycle and from possession of the petitioner keys of Motor Cycle were recovered and they confessed their guilt.
Submission is that from possession of the petitioner no Motor Cycle has been recovered and he is suffering in custody since 02.09.2014 having no criminal antecedent. The charge sheet has already been submitted and there is no chance of tampering
Patna High Court Cr.Misc. No.47203 of 2014 (3) dt.04-02-2015 2/2 with the prosecution witnesses and as such the petitioner deserves sympathetic consideration, to which the learned A.P.P. does not oppose.
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 Sri Jyoti Prakash, J.M. Ist Class, Patna in Phulwari Shasrif P.S. Case No. 530 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