Kaushal Kumar Mishra v. The State Of Bihar

Patna High Court Cr.Misc. No.20172 of 2017 (3) dt.04-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20172 of 2017 Arising Out of PS.Case No. -89 Year- 2016 Thana -PHULPARAS District- MADHUBANI ====================================================== Kaushal Kumar Mishra Son of Sri Kanhaiya Mishra Resident of VillageSudai, P.S.- Phulparas, District- Madhubani..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md. Soban Asghar For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-07-2017 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner seeks bail in connection with Phulparas P.S. Case No. 89 of 2016 registered for the offence punishable under Sections 392 of the Indian Penal Code. Allegedly, two motorcycle borne criminals looted Appache Motorcycle of the informant and cell phone of Lava company on the point of Katta and the petitioner was arrested in Phulparas P.S. Case No. 316 of 2016 with looted mobile of this case and arms.

Submission is of false implication and that nothing has been recovered from his conscious possession, without any fault the petitioner is suffering in custody since 21.02.2017, there is no legal and tangible material against the petitioner, confessional statement made before the Police has got no evidentiary value in

Patna High Court Cr.Misc. No.20172 of 2017 (3) dt.04-07-2017 the eye of law and as such the petitioner deserves sympathetic consideration.

Learned APP opposes the prayer of bail by submitting that the looted mobile was recovered from possession of the petitioner.

In the facts and circumstances stated above, the petitioner above named shall 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 learned A.C.J.M. II, Jhanjharpur in connection with Phulparas P.S. Case No. 89 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) avin/- U T