Subodh Mahto @ Subodhwa @ Subdha v. The State Of Bihar

Patna High Court Cr.Misc. No.8948 of 2016 (2) dt.22-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8948 of 2016 Arising Out of PS.Case No. -64 Year- 2015 Thana -BEGUSARAI GRP CASE DistrictBEGUSARAI ======================================================

1. SUBODH MAHTO @ SUBODHWA @ SUBDHA Son of Nago Mahto R/o village - Nawki Bind Toli, P.S. Barauni, District - Begusarai .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Sahin Begum (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-04-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Barauni G.R.P.S. (Rail) Case No. 64 of 2015 registered for the offence punishable under Section 379 of the Indian Penal Code in which Section 411 of the Indian Penal Code was added later on. Allegedly, one unknown thief snatched the mobile from the informant which was standing in the name of Awnish Tiwary. During investigation one Shyam Kishore Jha produced the said stolen mobile by stating that the petitioner has sold the said mobile for Rs. 4,000/- to Rajeev Jha who gave that mobile to Shyam Kishore Jha and thereafter, the petitioner was apprehended. Submission is of false implication and that nothing has

Patna High Court Cr.Misc. No.8948 of 2016 (2) dt.22-04-2016 been recovered from conscious possession of the petitioner, investigation has already been completed and there is no chance of tampering with prosecution evidence, the petitioner has got two more cases and in both cases he is on bail 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 Railway Judicial Magistrate, Barauni at Begusarai in connection with Barauni G.R.P.S. (Rail) Case No.

64 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