Sikandar Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.4556 of 2016 (3) dt.29-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4556 of 2016 Arising Out of PS.Case No. -408 Year- 2015 Thana -FORBESGANJ District- ARRARIA ====================================================== Sikandar Mandal son of Late Pano Mandal, resident of Village- Majhuwa, Police Station- Forbesganj, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. Amrendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-03-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Forbesganj P.S. Case No. 408 of 2015 registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code. Allegedly, co-accused K.N. Singh @ Nunu was apprehended with stolen motorcycle of the informant and he confessing his guilt, stated the name of the petitioner and further the petitioner also confessed his guilt and from the house of the petitioner two motorcycles were recovered.

Submission is of false implication and that the two motorcycles recovered were of the neighbourers and they have filed petition to release the said motorcycles vide annexure-2(a)

Patna High Court Cr.Misc. No.4556 of 2016 (3) dt.29-03-2016 and the motorcycles have been released in their favour also. Besides criminal antecedent and confessional statement, there is nothing against the petitioner and, as such, the petitioner deserves sympathetic consideration to which the learned A.P.P. opposes by submitting that the petitioner is involved in ten similar cases but as submitted he is on bail or acquitted.

In the facts and circumstances stated above, considering the detention of the petitioner since 21.08.2015, now he 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 A.C.J.M.-II, Araria in connection with Forbesganj P.S. Case No. 408 of 2015 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