Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15750 of 2017 Arising Out of PS.Case No. -274 Year- 2016 Thana -GAYA MUFFSIL District- GAYA ====================================================== Bablu Kumar, son of Ramashray Yadav @ Chhotu Yadav, resident of Village- Kharkhura, Police Station- Delha, District- Gaya. .... .... Petitioner

Versus

The State of Bihar. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Manish Kumar No-2, Advocate For the Opposite Party : Mr. Pradeep Narain Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-05-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Muffassil P.S Case No. 274 of 2016 registered for the offences punishable under Sections 395 and 412 of the Indian Penal Code. Allegedly six miscreants surrounded the motorcycle of the informant and pushed, resulting, the informant and his wife fell down and after pointing out pistol the miscreants snatched Rs. 6,000/- from the informant besides driving license and also took away ladies purse from the wife of the informant containing some cash and ornaments and thereafter miscreants started fleeing away towards Rajauli. The police was informed and the miscreants were chased and thereafter three miscreants were caught including the petitioner and from possession of the petitioner one live cartridge and ladies purse were recovered.

Submission is of false implication and that this First

Patna High Court Cr.Misc. No.15750 of 2017 (3) dt.10-05-2017 2/2 Information Report has been lodged after much delay, after registering of Wazirganj P.S. Case No. 214 of 2016, the petitioner without any fault is suffering in custody since 20.07.2016 and, as such, the petitioner deserves sympathetic consideration. Learned A.P.P. opposes the prayer of bail by submitting that looted ladies purse was recovered from possession of the petitioner and further looted cash was also recovered from possession of other coaccused. 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 like amount each to the satisfaction of Smt.

Shefali Narayan, Judicial Magistrate 1st Class, Gaya, in connection with Muffassil P.S. Case No. 274 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.