Jiwan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22660 of 2016 Arising Out of PS.Case No. -186 Year- 2014 Thana -PANCHRUKHI District- SIWAN ======================================================

1. Jiwan Sah Son of Prem Nath Sah Resident of Village- Salahpur, PS Ander, District Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Angad Kunwar For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 413 and 414/34 of the I.P.C Allegedly, during raid co-accused Vickky and Mukesh Yadav were apprehended with the stolen motorcycle and they disclosed the name of the petitioner that the petitioner has given the said motorcycle and further they confessed their involvement in other cases of loot.

Submission is of false implication and that the petitioner has been made accused on the basis of the confessional statement of co-accused, the petitioner has got no criminal antecedent, nothing has been recovered from possession of the

Patna High Court Cr.Misc. No.22660 of 2016 (2) dt.26-05-2016 2/2 petitioner and two co-accused who were arrested have already been allowed bail and as such the petitioner also deserves sympathetic consideration as he is suffering in custody since 05.02.2016, charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence, to which the learned A.P.P. does not dispute.

In the facts and circumstances as stated above, the petitioner is 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 C.J.M. Siwan in Pachrukhi P.S. Case No. 186 of 2014, 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