Deepak Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16066 of 2016 Arising Out of PS.Case No. -251 Year- 2015 Thana -ALOULI District- KHAGARIA ====================================================== Deepak Roy Son of Harigopal Roy Resident of Village- Mahnar, P.S.- Mahnar, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajanan Mishra For the Opposite Party/s : Mr. S.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-06-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in connection with Alauli P.S. Case No. 251 of 2015 registered for the offences punishable under Sections 412 and 414/34 of the Indian Penal Code. The petitioner is named in the first information report and allegedly, he being the driver unloaded the stolen iron rod in the premises of godown of Annu Trading. Submission is of false implication and that the petitioner is poor driver. He was not knowing that the rods were stolen. Without any fault, the petitioner is suffering in custody since 19.10.2015 and has been sufficiently penalized. Other coaccused Pankaj Yadav, Umesh Kumar @ Annu, Santosh Kumar

Patna High Court Cr.Misc. No.16066 of 2016 (3) dt.21-06-2016 2/2 and others have been allowed bail.

The learned APP opposes the prayer of bail by submitting that on the basis of disclosure made by the petitioner, other co-accused were apprehended and further the truck was also recovered.

In the facts and circumstances stated above, considering the period of detention and further there is no chance of tampering with prosecution evidence, now, 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 Chief Judicial Magistrate, Khagaria in connection with Alauli P.S. Case No. 251 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) Mishra/- U T