Krishna Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31130 of 2015 Arising Out of PS.Case No. -53 Year- 2012 Thana -MOHAMMADPUR District- GOPALGANJ ======================================================

1. Krishna Prasad Son of Verma Prasad Resident of village - Taktwarva, P.S. Daudpur, District - Chapra ( Saran ) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhramveer For the Opposite Party/s : Mr. Anil Kr. Singh No.1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-11-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 395, 396, 412 and 414 of the I.P.C Allegedly, six unknown miscreants looted the truck loaded with iron rod by administering some intoxicant to the driver and cleaner and cash of Rs. 3,000/-, later on the driver died and during investigation on the basis of confessional statement of co-accused Naresh Singh iron rod was recovered. Submission is of false implication and only on the basis of confessional statement of co-accused Naresh Singh name of the petitioner has transpired in this case. Nothing has been recovered from possession of the petitioner and similarly situated

Patna High Court Cr.Misc. No.31130 of 2015 (3) dt.04-11-2015 2/2 other co-accused have been allowed bail vide Cr. Misc. Nos. 39461 of 2012, 2870 of 2013 and 9045 of 2013 and as such the petitioner deserves sympathetic consideration. The learned A.P.P. opposes prayer for bail by submitting that from call detail report of mobile of the petitioner it reveals that he was also involved in the crime. In the facts and circumstances as stated above, considering that other co-accused have been allowed bail and as such the petitioner is also 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 3rd Additional Sessions Judge, Gopalganj in S. Tr. No. 71 of 2014 arising out of Mahammadpur P.S. Case No.

53 of 2012, 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