Shambhu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.49376 of 2015 (3) dt.02-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49376 of 2015 Arising Out of PS.Case No. -114 Year- 2015 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Shambhu Kumar S/o - Gurucharan Yadav resident of village - Lakhochak, P.S. - Chanan, District - Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Surendra Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Lakhisarai P.S. Case No. 114 of 2015 registered for the offences punishable under Sections 414, 467, 471, 420/34 of the Indian Penal Code. Allegedly, the petitioner was caught with motorcycle having fake registration number and 'police' symbol on the registration plate and also one mobile whereas from possession of co-accused also several mobiles were recovered. Submission is of false implication and that the petitioner has been made victim of circumstances, he is suffering in custody since 18.02.2015, chargesheet has already been submitted and there is no chance of tampering with prosecution evidence. Learned APP opposes the prayer of bail by submitting

Patna High Court Cr.Misc. No.49376 of 2015 (3) dt.02-02-2016 that registration number was written with Police symbol and engine number was also painted.

In the facts and circumstances stated above, considering the period of detention, 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, Lakhisarai in connection with Lakhisarai P.S. Case No. 114 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