Deepak Kumar @ Deepak @ Lakhan v. The State Of Bihar

Patna High Court Cr.Misc. No.15430 of 2017 (2) dt.17-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15430 of 2017 Arising Out of PS.Case No. -106 Year- 2016 Thana -BATHNAHA District- SITAMARHI ====================================================== Deepak Kumar @ Deepak @ Lakhan, son of Late Ashok Prasad Sinha, Resident of Village- Krishna Nagar, Binama Tola, P.S.- Sitamarhi, DistrictSitamarhi. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-04-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Bathnaha P.S. Case No. 106 of 2016 registered for the offence punishable under Section 414 of the Indian Penal Code.

Allegedly, from possession of the petitioner one stolen Appache motorcycle was recovered and the petitioner confessed that the motorcycle is stolen one.

Submission is of false implication and that the petitioner has been made victim of circumstances. He is in custody since 31.07.2016 and by remaining in custody he has sufficiently been penalized and as such he deserves sympathetic consideration. Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering

Patna High Court Cr.Misc. No.15430 of 2017 (2) dt.17-04-2017 the period of detention, 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 Sub-Judge IV, Sitamarhi in connection with Bathnaha P.S. Case No. 106 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