Ashok Das v. The State Of Bihar

Patna High Court Cr.Misc. No.9516 of 2017 (2) dt.11-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9516 of 2017 Arising Out of PS.Case No. -219 Year- 2016 Thana -NANHPUR District- SITAMARHI ====================================================== Ashok Das Son of Late Ramashray Das, Resident of Village- Shahpur, P.S. Sheohar, District- Sheohar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-04-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Nanpur P.S. Case No. 219 of 2016 registered for the offence punishable under Section 395 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is not named in the first information report. During investigation the name of the petitioner and others surfaced in this case in the statement of the spy, thereafter, Bachhu Sahni was arrested in Sheohar P.S. Case No. 150 of 2016, he confessed before the Police about his complicity in this occurrence and he also named the petitioner and others, except confessional statement there is nothing against the petitioner and in this case co-accused Bachhu Sahni who confessed his guilt and Ram Balak Sah have already been allowed bail by different co-ordinate Benches of this Court

Patna High Court Cr.Misc. No.9516 of 2017 (2) dt.11-04-2017 and as such the petitioner deserves sympathetic consideration. Learned APP submits that the petitioner has got criminal antecedent.

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 learned Sub-Divisional Judicial Magistrate, Pupari at Sitamarhi in connection with Nanpur P.S. Case No. 219 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