Pramod Kumar @ Pramod Kumar Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.38113 of 2016 (2) dt.26-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38113 of 2016 Arising Out of PS.Case No. -257 Year- 2016 Thana -KHAZANIHAT District- PURNIA ======================================================

1. Pramod Kumar @ Pramod Kumar Sah S/o Mahesh Sah, resident of Village- Jadhua, P.S.- Hajipur Town Dist- Vaishali.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mahendra Thakur For the Opposite Party/s : Mr. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-09-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with K. Hat (Madhubani) P.S. Case No. 257 of 2016 registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code. Allegedly, in the house of the informant theft was committed wherein cash of Rs. 90,000/- and ornaments were taken away. During investigation Md. Sonu was arrested and he confessed his guilt and on the basis of his confessional statement Jhapsi Rai @ Lambu and Ajit Kumar were arrested and Ajit Kumar stated the name of the petitioner that he has sold ornaments in the shop of the petitioner and then from the shop of the petitioner some ornaments were recovered. Submission is of false implication and that the petitioner has been made victim of circumstances, in every jewelry shop

Patna High Court Cr.Misc. No.38113 of 2016 (2) dt.26-09-2016 such type of ornaments are kept, further those ornaments have not been put on test identification parade, without any cogent material the petitioner is suffering in custody since 07.07.2016 and as such he deserves sympathetic consideration to which the learned APP opposes.

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 Chief Judicial Magistrate, Purnea in connection with K. Hat (Madhubani) P.S. Case No. 257 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