Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42062 of 2016 Arising Out of PS.Case No. -102 Year- 2016 Thana -MUFFASIL District- AURANGABAD ====================================================== Sandeep Kumar, Son of Late Ramayan Prasad, Resident of Village-Bishaini Khurd, P.S.-Nokha, District-Rohtas .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Rajendra Singh, Advocate For the Opposite Party : Mr. Sri Arun Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-10-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Aurangabd (Muffasil) P.S Case No. 102 of 2016 registered for the offences punishable under Sections 414, 420/34 of the Indian Penal Code.

Allegedly, acting on a tip off that some miscreants are moving on motorcycle to commit crime, the informant and other police personnels went there and saw one motorcycle standing and three persons were there and seeing the police personnel, all the three persons started fleeing away, but out of them, two were apprehended including the petitioner and coaccused Upendra Kumar whereas one succeeded in fleeing away and both disclosed the name of that person as Nitesh Pandit, no

Patna High Court Cr.Misc. No.42062 of 2016 (2) dt.22-10-2016 2/2 paper was produced regarding the said motorcycle. Submission is of false implication and that Upendra Kumar has been allowed bail vide Cri. Misc. No. 38734 of 2016 by another co-ordinate Bench of this Court and the petitioner is suffering in custody since 07.06.2016 without any fault, to which the leaned A.P.P. fairly submits that co-accused Upendra Kumar has been allowed bail.

In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad (Muffasil) P.S Case No. 102 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.) Rajiv/- U T