Md. Umar v. The State Of Bihar

Patna High Court Cr.Misc. No.3970 of 2017 (2) dt.28-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3970 of 2017 Arising Out of PS.Case No. -85 Year- 2016 Thana -SHERGHATI District- GAYA ====================================================== Md. Umar, S/o Enamul Haque, Resident of Village-Ansar Nagar, Chatra, P.S.-Chatra, District-Chatra(Jharkhand).

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Sherghati P.S. Case No. 85 of 2016 registered for the offence punishable under Section 395 of the Indian Penal Code.

The petitioner is not named in the first information report and it is submitted that on the basis of confessional statement of co-accused he has been remanded in this case, the petitioner is suffering in custody since 10.11.2016, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence. Other co-accused similarly situated have been allowed bail and as such the petitioner also deserves sympathetic consideration.

Learned APP submits that the petitioner has got criminal antecedent.

Patna High Court Cr.Misc. No.3970 of 2017 (2) dt.28-02-2017 In the facts and circumstances stated above, 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 S.D.J.M., Sherghati, Gaya in connection with Sherghati P.S. Case No. 85 of 2016, 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) avin/- U T