Md. Rehan @ Rehan v. The State Of Bihar

Patna High Court Cr.Misc. No.1842 of 2017 (2) dt.19-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1842 of 2017 Arising Out of PS.Case No. -193 Year- 2016 Thana -PALASI District- ARRARIA ====================================================== Md. Rehan @ Rehan S/o Asahab @ Ashab Resident of Village- Dubba Panchayat Tarna P.S. Jokihat, District- Araria.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Palasi P.S. Case No. 193 of 2016 registered for the offences punishable under Sections 379/411 of the Indian Penal Code.

Allegedly, the petitioner was arrested with stolen five liter gas cylinder when he and others came to steal the car and motorcycles and further broken the glass of the car. Submission is of false implication and that the petitioner is mentally weak, the petitioner has been made victim of circumstances, he was moving near the village of Perwakhuri Shyampur, at the relevant time, and the real miscreants fled away after throwing the gas cylinder and the petitioner was apprehended with allegation that he was taking the gas cylinder. The petitioner is suffering in custody since 06.09.2016 and now he has

Patna High Court Cr.Misc. No.1842 of 2017 (2) dt.19-01-2017 sufficiently been penalized.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering the period of detention, 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 Sri Raghubansh Narayan, J. M. Ist Class, Araria in connection with Palasi P.S. Case No. 193 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