Patna High CourtCR. MISC./9457/2017bail granted

Ramakant Yadav v. The State Of Bihar

2017-04-11Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.9457 of 2017 (2) dt.11-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9457 of 2017 Arising Out of PS.Case No. -167 Year- 2009 Thana -GAYA MUFFSIL District- GAYA ======================================================

1. Ramakant Yadav S/o Sri Bhuneshwar Yadav Resident of Jamuawan, P.S. Muffasil, District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-04-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Gaya Muffasil P.S. Case No. 167 of 2009 registered for the offences punishable under Sections 420 and 409 of the Indian Penal Code. Allegedly, petitioner has misappropriated two quintals 72 Kg. rice which was for mid-day meal and cash of Rs. 3,500/- . In spite of direction he has not handed over the charge. Submission is of false implication and that the petitioner is suffering in custody since 04.01.2017. Chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

The learned A.P.P. opposes the prayer of bail.

Patna High Court Cr.Misc. No.9457 of 2017 (2) dt.11-04-2017 In the facts and circumstances stated above, considering that there is no chance of tampering with the prosecution evidence and, as such, 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., Gaya in connection with Gaya, Muffasil P.S. Case No. 167 of 2009 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