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Patna High CourtCR. MISC./38249/2016bail granted

Samarjit Singh @ Bali v. The State Of Bihar

2016-10-21Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38249 of 2016 Arising Out of PS.Case No. -175 Year- 2016 Thana -BANIAPUR District- SARAN ====================================================== Samarjit Singh @ Bali S/o Yogendra Prasad Singh, resident of village Chaturbhuj Chhapra P.S. Baniyarpur, District - Saran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Uday Kumar, Advocate For the Opposite Party : Mr. Sri Rajkishore Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-10-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Baniyapur P.S Case No. 175 of 2016 registered for the offences punishable under Sections 467, 468, 471, 413, 414 of the Indian Penal Code.

Allegedly, the petitioner was caught with black colour Pulsar motorcycle and after changing the number plate was found using the same, the paper produced by the petitioner was found forged and fabricated.

Submission is of false implication and that the petitioner has purchased the said motorcycle from Hakim Ansari on payment of Rs. 40,000/- vide Annexure-2, copy of seizure list

Patna High Court Cr.Misc. No.38249 of 2016 (3) dt.21-10-2016 2/2 was not given to the petitioner. The petitioner has produced all the paper, but in spite of that he has been implicated in this case, resulting, he has been suffering in custody since 25.06.2016. Learned A.P.P. opposes the prayer of bail by submitting that the petitioner was caught with stolen motorcycle after changing its registration number and having forged and fabricated paper.

In the facts and circumstances stated above, the petitioner shall be released on bail after completion of 06 (six) months in custody 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, Saran Chapra, in connection with Baniyapur P.S Case No. 175 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