Dharmendra Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.37955 of 2016 (2) dt.22-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37955 of 2016 Arising Out of PS.Case No. -364 Year- 2015 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Dharmendra Rai son of Pragash Rai Resident of Village- Mahadaiyan, P.S.- Minapur, District- Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-09-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Madhuban P.S. Case No. 364 of 2015 registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code. Allegedly, on 21.11.2015 in the night theft was committed in the house of the informant and thieves took away ornaments, clothes and cash total valuing rupees six lacs. The name of the petitioner transpires in the confessional statement of co-accused Naresh Baitha and Rajesh Sahani, thereafter, the petitioner has been remanded in this case and he is in custody since 30.03.2016. Nothing has been recovered from his conscious passion, besides confessional statement there is nothing against him which is evident from impugned order itself to which the

Patna High Court Cr.Misc. No.37955 of 2016 (2) dt.22-09-2016 learned APP fairly submits that from the impugned order it reveals that the name of the petitioner has come in the confessional statement of co-accused.

In the facts and circumstances stated above, 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 Additional Chief Judicial Magistrate VIth, Motihari, East Champaran in connection with Madhuban P.S. Case No. 364 of 2015, 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