Haribansh Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.425 of 2016 (2) dt.13-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.425 of 2016 Arising Out of PS.Case No. -339 Year- 2011 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================

1. Haribansh Singh Son of Tribhuvan Singh Resident of Village - Dakshinayan Housing Colony, Tegharia, Block - A, 2nd Floor, Tegharia, Near Loknath Temple, P.O. Hatiara, P.S. Baguiati, Kolkata - 700059, West Bengal.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Paramendra Kumar For the Opposite Party/s : Mr. J.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-01-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Aurangabad Town P.S. Case No. 339 of 2011 registered for the offences punishable under Sections 420, 467, 468 and 406 of the Indian Penal Code.

The petitioner wants to renew his prayer for bail, which was earlier rejected vide order dated 07.10.2015 passed in Cr. Misc. No. 25211 of 2015, on the ground that the petitioner is suffering in custody for last one year and the petitioner has been allowed bail in 20 cases out of 22 cases. The petitioner is simply a paid employee of the company whereas the Director of the

Patna High Court Cr.Misc. No.425 of 2016 (2) dt.13-01-2016 company namely, Surendra Mishra has been allowed pre-arrest bail vide order dated 27.11.2015 passed in Cr. Misc. No. 35912 of 2015 by another co-ordinate Bench of this Court. Learned APP fairly submits that the petitioner now by remaining in custody has sufficiently been penalized. 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 Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Town P.S. Case No. 339 of 2011, 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