Arbind Kumar Mehta @ Arbind Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58595 of 2015 Arising Out of PS.Case No. -40 Year- 2015 Thana -LAUKHI District- MADHUBANI ======================================================

1. Arbind Kumar Mehta @ Arbind Mehta Son of Deonarain Mehta Resident of Narpatpatti, P.s. Ratanpura Distt Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Dr. Rabindra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-04-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offence punishable under section 394/34 of the I.P.C Allegedly, the Motorcycle of Honda Company of the informant was snatched by the unknown motorcycle borne criminals and further snatched purse and bag. During investigation the name of the petitioner transpires in the confessional statement of co-accused Umesh Mehta.

Submission is of false implication and that the petitioner is in custody since 07.10.2015, he has not been put on the test identification parade, nothing has been recovered from his conscious possession and only on the basis of the confessional

Patna High Court Cr.Misc. No.58595 of 2015 (3) dt.05-04-2016 2/2 statement he is suffering in custody, whereas, co-accused Umesh Mehta has already been allowed bail vide Cr. Misc. No. 9351 of 2016 by another coordinate Bench of this Court and as such the petitioner also deserves sympathetic consideration, to which the learned A.P.P. is not in a position to distinguish the case of the petitioner from that co-accused.

In the facts and circumstances as stated above, the petitioner is also directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri S.K. Roy, J.M. 1st Class, Jhanjharpur (Madhubani) in Laukahi P.S. Case No. 40 of 2015, 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) Abhay/- U T