Bittu Mian v. The State Of Bihar

Patna High Court Cr.Misc. No.15640 of 2017 (2) dt.19-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15640 of 2017 Arising Out of PS.Case No. -152 Year- 2015 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bittu Mian Son of Khus Mohammed Mian, Resident of Village- Nakchhed Tola, Police Station- Town Motihari, District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Tondon For the Opposite Party/s : Mr. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-04-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Motihari Town P.S. Case No. 152 of 2015 registered for the offences punishable under Sections 457, 380 of the Indian Penal Code. Allegedly, the petitioner and other co-accused after entering into the room of the informant committed theft of clothes. When the informant asked them, they fled away. After search it was found that new Sarees, Suit, Thermos, Blanket and Coat were stolen away.

Submission is of false implication and that nothing has been recovered from possession of the petitioner, he is in custody since 31.01.2017, by remaining in custody he has sufficiently been penalized.

Patna High Court Cr.Misc. No.15640 of 2017 (2) dt.19-04-2017 Learned APP opposes the prayer of bail.

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 the learned C.J.M., Motihari in connection with Motihari Town P.S. Case No. 152 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) avin/- U T