Ritesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.10626 of 2017 (2) dt.21-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10626 of 2017 Arising Out of PS.Case No. -148 Year- 2016 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Ritesh Kumar Son of Om Prakash Ray resident of Village - Sandadamber, Police Station - Motipur, District - Muzaffarpur. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Motipur P.S. Case No. 148 of 2016 registered for the offences punishable under Sections 413 and 414 of the Indian Penal Code. Allegedly, the petitioner and other co-accused were apprehended with stolen articles and from possession of the petitioner one Micromax mobile without SIM was recovered. Submission is of false implication and that nothing has been recovered from conscious possession of the petitioner, without any fault the petitioner is suffering in custody 26.05.2016, Arjun Kumar from whose possession stolen motorcycle was recovered has already been allowed bail vide Cr. Misc. No. 46297 of 2016 and as such the petitioner also deserves sympathetic consideration. Learned APP fairly submits that co-accused Arjun Kumar

Patna High Court Cr.Misc. No.10626 of 2017 (2) dt.21-03-2017 has been allowed bail by another co-ordinate Bench of this Court. In the facts and circumstances stated above, the petitioner above named 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 Sri Mukesh Kumar Mishra, J. M. Ist Class, Muzaffarpur in connection with Motipur P.S. Case No. 148 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