Parmeshwar Ganju @ Parmeshar Ganju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50526 of 2015 Arising Out of PS.Case No. -389 Year- 2014 Thana -BARACHATTI District- GAYA ======================================================

1. Parmeshwar Ganju @ Parmeshar Ganju Son of Dasai Ganju resident of village - Kasiya Tola Dabai, P.S. Zaro, District - Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Sharda Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-05-2016 Supplementary affidavit has been filed on behalf of the petitioner disclosing further criminal antecedent of the petitioner. Let it be kept on the record.

Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offence punishable under section 392 of the I.P.C Allegedly, four unknown miscreants after putting the iron nail on the road punctured the tyre of container truck which was being driven by the informant and snatched Rs. 4,500/- from the informant and also took away one new Hero Passion Pro black colour motorcycle from the container.

Submission is of false implication and that the police after adopting third degree method had got recorded the

Patna High Court Cr.Misc. No.50526 of 2015 (4) dt.10-05-2016 2/2 confessional statement of the petitioner, nothing has been recovered from his conscious possession and he is suffering in custody since 10.12.2014.

The learned A.P.P. opposes prayer for bail by submitting that the petitioner was apprehended with the looted motorcycle and one another motorcycle which was used in the crime and for that Dobhi (Sherghati) P.S. Case No. 226 of 2014 under section 411 of the I.P.C. and also under the Arms Act was registered and the petitioner has got criminal antecedent. In the facts and circumstances as stated above, the petitioner shall be released on bail, after completion of six months in custody from the date of his remand, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Narendra Pal Singh, J.M. 1st Class, Sherghati, Gaya in Barachatty P.S. Case No.

389 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.