Forte Lali Nat v. The State Of Bihar
Patna High Court Cr.Misc. No.17075 of 2017 (2) dt.08-05-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17075 of 2017 Arising Out of PS.Case No. -243 Year- 2016 Thana -SAHPUR District- BHOJPUR ======================================================
1. Forte Lali Nat Son of Mutur Nat, Resident of Village- Uriyangnag, P.S.- Krishna Brahm, District- Buxar. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-05-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with Shahpur (Karnamepur) P.S. Case No. 243 of 2016 registered for the offences punishable under Sections 395 of the Indian Penal Code. Allegedly, when the informant was returning to his house along with his brother after collecting money, two persons pointed out pistol and also at the same time other criminals came there and all the accused persons looted away Rs. 10,000,00/-, mobiles, gold chain, key of the vehicle and 76 piece of Sariee. The miscreants fled away with five motorcycles.
Submission is of false implication and that there is no legal and tangible material against the petitioner, nothing has been recovered from possession of the petitioner, He is in custody since 06.01.2017 but he has not been put on TIP. The name of the
Patna High Court Cr.Misc. No.17075 of 2017 (2) dt.08-05-2017 petitioner has come in the confessional statement of co-accused. Similarly situated co-accused persons, namely, Timil Yadav, Umesh Yadav, Jhunna Nut and Dhanji Paswan have already been allowed bail by different co-ordinate Benches of this Court and, as such, the petitioner also deserves sympathetic consideration. The learned A.P.P. fairly submits that other co-accused persons have already been allowed bail.
In the facts and circumstances stated above, the above named petitioner is also 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 ACJM-14 Bhojpur (Ara) in connection with Shahpur (Karnamepur) P.S. Case No. 243 of 2016 subject to the conditions that one of the bailors must be 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) sushma/- U T