Ekraj Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57853 of 2015 Arising Out of PS.Case No. -955 Year- 2014 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Ekraj Alam Son of Md. Nasir Alam Resident of Mohalla- Nakchhed tola, P.s town Motihari, District East Champaran.
.... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s Mr. Khurshid Anwar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with Trial No. 735 of 2015 arising out of Motihari Town P.S. Case No. 955 of 2014 registered for the offences punishable under Sections 457, 380 and 411 of the Indian Penal Code.
Allegedly, in the house of the informant theft was committed and his laptop, bicycle, Gas cylinder, clothes and cash of Rs. 60,000/- as also ornaments were stolen away. During investigation recovery was made from the house of the petitioner and for that Motihari Town P.S. Case No. 154 of 2015 was registered and accordingly on the basis of his confessional statement he has been remanded in this case also. Submission is of false implication and that the house
Patna High Court Cr.Misc. No.57853 of 2015 (2) dt.30-01-2016 2/2 is not the exclusive property of the petitioner rather it is the joint property, the police has recorded the confessional statement of the petitioner after adopting third degree method and as such petitioner who is suffering in custody since.28.4.2015 deserves sympathetic consideration as in Town P.S. Case No. 154 of 2015 the petitioner has already been allowed bail. Learned A.P.P. submits that some of the stolen articles have been recovered from the house of the petitioner. In the facts and circumstances stated above, considering the detention of the petitioner now he 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 M. K.
Shahi, Judicial Magistrate, 1st Class, Motihari, East Champaran in connection with Motihari Town P.S. Case No. 154 of 2015, subject to the conditions that one of the bailors must be 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) siddharth/- U T