Shekhar Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.19341 of 2017 (2) dt.19-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19341 of 2017 Arising Out of PS.Case No. -362 Year- 2016 Thana -KUDHNI District- MUZAFFARPUR ====================================================== Shekhar Kumar S/o Suresh Kr. Choudhary Resident of Village + P.S. - Brahampura, District - Muzaffarpur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh For the Union of India : Mr. Manoj Kumar Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-05-2017 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner seeks bail in connection with Kudhni P.S. Case No. 362 of 2016 registered for the offences punishable under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-B)A, 26(ii), 35 of the Arms Act and Sections 8, 20 (b) (ii) (B) of N.D.P.S. Act.

Allegedly, the petitioner and others were apprehended from Scorpio vehicle and from possession of the petitioner one mobile was recovered and further from beneath the rear seat of Scorpio 5 kg. Ganja was recovered.

Submission is of false implication and that the petitioner is in custody since 15.11.2016.

Submission is of false implication and that the petitioner

Patna High Court Cr.Misc. No.19341 of 2017 (2) dt.19-05-2017 is in custody since 15.11.2016, one of the co-accused Nitesh Kumar has already been allowed bail vide Cr. Misc. No. 8187 of 2017 by another co-ordinate Bench of this court and as such the petitioner also deserves sympathetic consideration. Learned APP submits that one of the co-accused has been allowed bail.

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 Sessions Judge-cum-special Judge, Muzaffarpur in connection with Kudhani P.S. Case No. 362 of 2016, 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