Prince Kumar Singh @ Prince Kr. Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.15027 of 2016 (3) dt.18-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15027 of 2016 Arising Out of PS.Case No. -91 Year- 2015 Thana -HATHUA District- GOPALGANJ ======================================================

1. Prince Kumar Singh @ Prince Kr. Singh Son of Dewendra Kumar Singh @ Dewendra Singh resident of village - Kajipur, P.S. Uchakagaon, District - Gopalganj.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Amit Kumar Rakesh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-05-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Hathua P.S. Case No. 91 of 2015 registered for the offence punishable under Section 379 of the Indian Penal Code.

Allegedly, motorcycle of the informant was stolen away from the campus of Dr. Banshidhar Prasad Upgraded Middle School. During investigation stolen motorcycle has been recovered from the rented house of the petitioner on the basis of his confessional statement as the petitioner and two co-accused Bittu Ansari and Saddam Hussain were arrested in Hathua P.S. Case No. 198 of 2015 wherein also they confessed their guilt. Submission is of false implication and that nothing has been recovered from conscious possession of the petitioner,

Patna High Court Cr.Misc. No.15027 of 2016 (3) dt.18-05-2016 there is no legal and tangible material against him and without any fault he is suffering in custody since 30.01.2016 to which learned APP opposes.

In the facts and circumstances stated above, the petitioner shall be released on bail after completion of six months custody from the date of his remand in this case 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, Gopalganj in connection with Hathua P.S. Case No. 91 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