Patna High CourtCR. MISC./21073/2016bail granted

Shanu Kumar v. The State Of Bihar

2016-07-11Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.21073 of 2016 (3) dt.11-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21073 of 2016 Arising Out of PS.Case No. -234 Year- 2015 Thana -MITHANPURA District- MUZAFFARPUR ======================================================

1. Shanu Kumar S/o- Uma Shankar Singh, Resident of village- Sarhachia, P.S.- Aurai, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Parasmani, Advocate For the Opposite Party/s : Mr. Sanjay Kr. Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-07-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Mithanpura P.S. Case No. 234 of 2015 registered for the offence punishable under Section 392 of the Indian Penal Code. First Information Report is against two un-known miscreants for committing robbery. During investigation, on the basis of confessional statement of the petitioner made in another case, he has been remanded in this case.

Submission is of false implication and that the petitioner has not been put on TIP though he is suffering in custody since 12.01.2016, nothing ahs been recovered from his conscious possession and, as such, he deserves sympathetic

Patna High Court Cr.Misc. No.21073 of 2016 (3) dt.11-07-2016 consideration.

The learned A.P.P. opposes the prayer of bail by submitting that the petitioner is the assailant. 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 S.D.J.M., East Muzaffarpur in connection with Mithanpura P.S. Case No. 234 of 2015 subject to the conditions that one of the bailors must be 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) sushma/- U T