Md. Jahangir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18347 of 2017 Arising Out of PS.Case No. -95 Year- 2016 Thana -JAYNAGAR District- MADHUBANI ====================================================== Md. Jahangir Son of Md. Tahir Resident of Village - Rajputana, Police Station - Jaynagar, District - Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Jha, Adv. For the Opposite Party/s : Sri Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-05-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Jaynagar P.S. Case No. 95 of 2016, corresponding to G.R. No. 883 of 2016 registered for the offence punishable under sections 392 and 411 of the Indian Penal Code.

Allegedly the petitioner and co-accused snatched five lakhs Nepali currency from the informant, but due to intervention of villagers, the petitioner and co-accused were apprehended and snatched Nepali currency, two country-made pistols, one live cartridge and one stolen motor-cycle were recovered from the possession of the petitioner and co-accused. It is submitted that both are veteran criminals.

Submission is of false implication and that there is no specific allegation against the petitioner. Nothing has been recovered

Patna High Court Cr.Misc. No.18347 of 2017 (3) dt.23-05-2017 2/2 from the conscious possession of the petitioner. The villagers have produced the petitioner and co-accused along with those recovered amount and fire arms. Similar co-accused Manoj Yadav has already been allowed bail by another co-ordinate Bench of this Court in Criminal Misc. No. 49106 of 2016 on 16.02.2017 and as such, the petitioner also deserves sympathetic consideration. Learned APP fairly submits that co-accused Manoj Yadav has already been allowed bail.

In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Madhubani in connection with Jaynagar P.S. Case No. 95 of 2016, corresponding to G.R. No. 883 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) Mahesh/- U T