Chiranjivi Sagar @ Chiranjivi Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19938 of 2015 Arising Out of PS.Case No. -178 Year- 2012 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Chiranjivi Sagar @ Chiranjivi Bhagat S/o Bindeshwar Bhagat R/o Village- Hajpurva @Hajipur Basant, P.s Runni Saidpur, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Dilip Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-01-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 384, 386 and 387 of the I.P.C The petitioner is not named in the FIR and his name transpires during investigation that in the name of the petitioner and others ransom was demanded and further slogan was made in the name of the petitioner also.

Submission is of false implication and that in this case besides suspicion there is nothing against the petitioner, other coaccused have already been allowed bail in this case whose name has come in the confessional statement of the co-accused and the petitioner has not been named by the co-accused in his

Patna High Court Cr.Misc. No.19938 of 2015 (4) dt.25-01-2016 2/3 confessional statement but inspite of that the petitioner is suffering in custody since 20.09.2013 only on the ground that he has got criminal antecedent, nothing has been recovered from possession of the petitioner and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. submits that one Rishi Jha was apprehended with ransom amount of Rs. 21,90,000/- by the police who confessed his guilt stating the name of others but the petitioner is not named in that confessional statement. In the facts and circumstances as stated above, considering that other co-accused, namely, Deepak Kumar, Bandan Kumar @ Bandhan Kumar, Binay Bihari, Chandra Mohan Jha, Mukesh Pathak and Rishi Jha have already been allowed bail by other coordinate Benches of this Court and as such 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 C.J.M. Sitamarhi in Runni Saidpur P.S. Case No. 178 of 2012, 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

Patna High Court Cr.Misc. No.19938 of 2015 (4) dt.25-01-2016 3/3 dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T