Niraj Kumar @ Sintu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.58022 of 2015 (3) dt.17-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58022 of 2015 Arising Out of PS.Case No. -223 Year- 2015 Thana -BARAHIYA District- LAKHISARAI ====================================================== Niraj Kumar @ Sintu Kumar Son of Kamdeo Singh, Resident of Village - Dumri, P.S. - Barahiya, District - Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Barahiya P.S. Case No. 223 of 2015 registered for the offence punishable under Section 392 of the Indian Penal Code.

Allegedly, three unknown motorcycle borne criminals overtook pickup van and after dragging the informant from pickup van assaulted him and further snatched amount of Rs. 2,600/- and odds and further on demand they returned Rs. 100/- to the informant. Later on three miscreants were caught sitting in the hotel with that motorcycle and from possession of co-accused Arvind Singh amount of Rs. 860/- was recovered and from possession of the petitioner nothing was recovered. Submission is of false implication and that the petitioner has been made victim of the circumstance, he was

Patna High Court Cr.Misc. No.58022 of 2015 (3) dt.17-02-2016 sitting in the hotel and was apprehended without any basis, no TIP was conducted though the informant has claimed to identify the culprits and without any legal and cogent material, he is suffering in custody since 10.11.2015.

The learned A.P.P. fairly submits that nothing was recovered from possession 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 the learned C.J.M.,Lakhisarai, District Lakhisarai in connection with Barahiya P.S. Case No. 223 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) sushma/- U T