Nanhu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31939 of 2016 Arising Out of PS.Case No. -29 Year- 2015 Thana -NTPC District- PATNA ====================================================== Nanhu Yadav, Son of Late Lakhan Yadav, R/o Village- Kazmuni Chak, P.S.- Barh, District- Patna .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Arjun Prasad, Advocate For the Opposite Party : Md. Ashlam Ansari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner and the learned counsel representing the State.
The petitioner seeks bail in connection with N.T.P.C. P.S. Case No. 29 of 2015 registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code. Allegedly the petitioner was taking away fifteen hundred kilograms angle of iron rod valuing Rs. 60,000/- and fled away after leaving the vehicle.
Submission is of false implication and that the petitioner has voluntarily surrendered on 21.06.2016 and since then, he is in custody. There is no legal and cogent material against the petitioner, no one has named the petitioner. He is not named in the FIR , he has not put on TIP and without any basis, he
Patna High Court Cr.Misc. No.31939 of 2016 (3) dt.17-09-2016 2/2 is suffering in custody.
The learned APP opposes the prayer of bail.
In the facts and circumstances stated above, the petitioner shall 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 Sri Brijesh Kumar, Judicial Magistrate, Barh, Patna, in connection with N.T.P.C. P.S. Case No.29 of 2015, subject to the conditions that one of the bailors must be near relative of the petitioner 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.) ravi/- U T