Md. Mantu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7136 of 2016 Arising Out of PS.Case No. -749 Year- 2015 Thana -KATIHAR District- KATIHAR ======================================================

1. Md. Mantu, Son of Md. Usman, Resident of Village- Rampura, P.S.- Katihar, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Musowir For the Opposite Party/s : Mr. Veena Kumari Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offence punishable under section 392 of the I.P.C Allegedly, four unknown miscreants at the point of pistol snatched cash, mobile, purse containing further cash of Rs. 3,500/- and the ATM Cards and two mobiles and further fled away after snatching the motorcycle of the informant bearing registration no. BR01AQ9115.

Submission is of false implication and that the petitioner has been made victim of the circumstances, there is no legal and tangible material against him, the alleged confessional statement of the petitioner has got no evidentiary value in the eye

Patna High Court Cr.Misc. No.7136 of 2016 (4) dt.17-05-2016 2/2 of law, the looted motorcycle was recovered in abandoned condition and as such the petitioner deserves sympathetic consideration, to which the learned A.P.P. opposes by submitting that the petitioner has got criminal antecedent and his name was taken by two witnesses, vide paragraphs- 7 and 23 of the case diary, as he was identified by them.

In the facts and circumstances as stated above, considering the custody of the petitioner since 20.12.2015, now he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. Katihar in Katihar (Town) P.S. Case No. 749 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) Abhay/- U T