Raj Kumar Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.58404 of 2015 (2) dt.03-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58404 of 2015 Arising Out of PS.Case No. -52 Year- 2015 Thana -SARAN GRP CASE District- SARAN ======================================================

1. Raj Kumar Sah Son of Late Bhikhari Sah R/o Village Naurangabad, H/o Military Saheb (Kirayadar), P.S. Sadar, Hajipur, District Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Mishra For the Opposite Party/s : Mr. Shyam Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection withSonepur (H.J.P.) Rail P.S. Case No. 52 of 2015 registered for the offence punishable under Section 379 of the Indian Penal Code. Allegedly, amount of Rs. 15,000/- was took out from the pocket of the informant and was handed over to a man who was wearing green shirt and thereafter, the three miscreants started fleeing away but after chase two persons were caught including the petitioner but the man wearing green shirt fled away. They did not disclose the name of that person.

Submission is of false implication and that nothing has been recovered from possession of the petitioner, he has been

Patna High Court Cr.Misc. No.58404 of 2015 (2) dt.03-02-2016 made victim of circumstances, without any legal and cogent material he is suffering in custody since 19.10.2015 having no criminal antecedent.

Learned APP submits that the petitioner was caught by the informant and others.

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 Railway Judicial Magistrate, Sonepur, Saran in connection with Sopnepur (HJP.) Rail P.S. Case No. 52 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. (Jitrendra Mohan Sharma, J) avin/- U T