Mahendra Das @ Musan @ Mahinder Das v. The State Of Bihar

Patna High Court Cr.Misc. No.6264 of 2016 (3) dt.06-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6264 of 2016 Arising Out of PS.Case No. -66 Year- 2015 Thana -CHAKAI District- JAMUI ======================================================

1. Mahendra Das @ Musan @ Mahinder Das Son of Late Ragheshwar Das, resident of Luppi, P.S. Bengabad, District- Giridih..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Dr.Rabindra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-04-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Chakai P.S. Case No. 66 of 2015 registered for the offences punishable under Sections 16, 17, 18, 19, 20, 21 and 22 of U.A.P.A. Act. Allegedly, during search operation at the time of assembly election, 6-7 extremist succeeded in fleeing away but one Rojina Khatoon @ Sabbo was caught and she stated the name of the petitioner and others who have succeeded in fleeing away. Submission is of false implication and that besides the confessional statement of co-accused there is nothing against the petitioner, without any legal and tangible material the petitioner is suffering in custody since 04.10.2015 whereas Rojina Khatoon has already been allowed bail vide Cr. Misc. No. 34284 of 2015 by another co-ordinate Bench of this Court to which learned APP

Patna High Court Cr.Misc. No.6264 of 2016 (3) dt.06-04-2016 does not dispute.

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 Sessions Judge, Jamui in U.A.P. Case No. 77A of 2015 arising out of Chakai P.S. Case No. 66 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