Jai Prakash Nonia v. The State Of Bihar

Patna High Court Cr.Misc. No.8414 of 2017 (3) dt.21-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8414 of 2017 Arising Out of PS.Case No. -33 Year- 2016 Thana -FESHAR District- AURANGABAD ======================================================

1. Jai Prakash Nonia S/o Late Chandradev Nonia R/o Village - Fateha, P.S. Feshar, District - Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-03-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 30.09.2016 in connection with Fesar P.S. Case No. 33 of 2016 registered under Sections 399, 402, 414 of the Indian Penal Code and Section 25(1-B)(a), 26/35 of the Arms Act.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner nor any specific overt act is attributed to him. Moreover, co-accused, Jitendra Nonia, having more or less similar allegation has already been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 8714 of 2017. The petitioner is custody for the last four months.

Patna High Court Cr.Misc. No.8414 of 2017 (3) dt.21-03-2017 Considering the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned Incharge C.J.M., Aurangabad in connection with Fesar P.S. Case No. 33 of 2016.

(Arvind Srivastava, J.) brajesh/- U T