Angad Chauhan v. The State Of Bihar

Patna High Court Cr.Misc. No.18726 of 2017 (2) dt.15-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18726 of 2017 Arising Out of PS.Case No. -273 Year- 2016 Thana -HISUA District- NAWADA ====================================================== Angad Chauhan, Son of Kailash Chauhan, resident of Village Damarbigha, P.S. Manpur, District- Nalanda.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-05-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Hisua P.S. Case No. 273 of 2016 registered for the offences punishable under Sections 461 and 379 of the Indian Penal Code. Allegedly, from the shop of the informant several mobiles and papers were stolen away. During investigation stolen mobiles were recovered from the house of Basant Chauhan and the petitioner was using the stolen mobile by inserting another SIM. Submission is of false implication and that nothing has been recovered from possession of the petitioner vide seizure list, only the minor son of the petitioner used his SIM in the stolen mobile as his son was having no knowledge that the aforesaid mobile is stolen one and except that there is nothing against the petitioner and as such the petitioner who is suffering in custody since

Patna High Court Cr.Misc. No.18726 of 2017 (2) dt.15-05-2017 21.02.2017 deserves sympathetic consideration. Learned APP submits that the petitioner has used the stolen mobile and as such his conspiracy also surfaced. In the facts and circumstances stated above, the petitioner above named shall be released on bail after completion of six months in custody from the date of his remand 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, Nawada in connection with Hisua P.S. Case No. 273 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