Munna Kumar Patel v. The State Of Bihar

Patna High Court Cr.Misc. No.55829 of 2015 (3) dt.09-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55829 of 2015 Arising Out of PS.Case No. -120 Year- 2015 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Munna Kumar Patel son of Suresh Patel @ Suresh Prasad, Resident of Village- Naik Tola P.S.- (Harpur) Adapur, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar No.Iii For the Opposite Party/s : Mr. Suresh Pd. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Adapur P.S. Case No. 120 of 2015 registered for the offence punishable under Section 394 of the Indian Penal Code.

The petitioner is not named in the FIR, on the basis of his confessional statement made in another case he has been remanded in this case but he has not been put on test identification parade.

Submission is of false implication and that nothing has been recovered from conscious possession of the petitioner and without any legal and cogent evidence only on the basis of alleged confessional statement he is suffering in custody since 10.10.2015.

Patna High Court Cr.Misc. No.55829 of 2015 (3) dt.09-02-2016 Learned APP opposes the prayer of bail by submitting that the petitioner has got criminal antecedent. 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 the learned Sub Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran in connection with Adapur P.S. Case No. 120 of 2015, 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