Birendra Kumar Sao @ Birendra Kumar Shaw @ Buchun Sao @ Buchun Shaw v. The State Of Bihar

Patna High Court Cr.Misc. No.54379 of 2016 (2) dt.20-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54379 of 2016 Arising Out of PS.Case No. -232 Year- 2016 Thana -PATNA GRP CASE District- PATNA ====================================================== BIRENDRA KUMAR SAO @ BIRENDRA KUMAR SHAW @ BUCHUN SAO @ BUCHUN SHAW Son of Manoj Kumar Sao, Resident of Mohalla- Niknaam Tola, P.S. Barahara, District- Bhojpur Arrah, At Present Mohalla- Gausganj, P.S. Arrah Town, District- Bhojpur, Arrah. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Brij Mohan Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Rail P.S. Patna Junction Case No. 232 of 2016 registered for the offences punishable under Sections 379, 411 of the Indian Penal Code. Allegedly, mobile of the informant was pick pocketed on 02.07.2016 and on 16.08.2016 he got information that some stolen mobiles have been recovered, then, he went at Rail Police Station Patna and identified his mobile and the thief who was caught stated his name as Birendra Kumar.

Submission is of false implication and that the petitioner is in custody since 16.08.2016, nothing has been recovered from his conscious possession and he has been made victim of

Patna High Court Cr.Misc. No.54379 of 2016 (2) dt.20-12-2016 circumstances.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, the petitioner above named shall be released on bail after completion of six months in custody from the date of his remand 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 Railway Judicial Magistrate, Patna in connection with Patna Govt. Rail P.S. Case No. 232 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