Md. Akhtar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18675 of 2017 Arising Out of PS.Case No. -141 Year- 2016 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Md. Akhtar S/o Md. Mubarak, resident of vill. - Madhuban Brit, P.S. Rajepur, Distt. - East Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-05-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with Rajepur P.S. Case No. 141 of 2016 registered for the offences punishable under Sections 379 and 411/34 of the Indian Penal Code. Allegedly, co-accused Kamlesh Rai committed theft of motorcycle of the informant and during investigation, the name of the petitioner transpired from the confessional statement of Kamlesh Rai and further the said motorcycle was recovered from the residential house of the petitioner.
Submission is of false implication and that the petitioner is in custody since 18.11.2016, nothing has been
Patna High Court Cr.Misc. No.18675 of 2017 (2) dt.10-05-2017 2/2 recovered from conscious possession of the petitioner and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of bail. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail after completion of six months in custody 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 S.D.J.M., Motihari, East Champaran in connection with Rajepur P.S. Case No. 141 of 2016 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