Munna Nut v. The State Of Bihar

Patna High Court Cr.Misc. No.22389 of 2016 (2) dt.12-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22389 of 2016 Arising Out of PS.Case No. -30 Year- 2016 Thana -GAUTAMBUDHNAGAR District- SIWAN ======================================================

1. Munna Nut Son of Late Diljan Nut, Resident of Village- Gohpur, Police Station- G.B. Nagar, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Satyendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-07-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Gautam Budha Nagar P.S. Case No. 30 of 2016 registered for the offences punishable under Sections 457, 380 and 411 of the Indian Penal Code.

Allegedly, theft was committed in the house of informant and the petitioner and co-accused Kitabu Nut were identified whereas, others were not identified. Submission is of false implication and that the petitioner is well-known to the informant, so it is improbable that he will enter into the house of the informant without covering his face, as a matter of fact, due to some dispute of orchestra party, the petitioner has been implicated, however now the informant

Patna High Court Cr.Misc. No.22389 of 2016 (2) dt.12-07-2016 after realizing the truth has filed compromise petition in the learned court below, vide annexure-2 and the petitioner is in custody since 09.02.2016.

The learned A.P.P. submits that the petitioner has got criminal antecedent also.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and, as such, now 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., Siwan in connection with Gautam Budha Nagar P.S. Case No. 30 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