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Patna High CourtCR. MISC./47919/2016bail granted

Jalandhar Kumar v. The State Of Bihar

2016-11-11Mr. Justice Kishore K. Mandal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47919 of 2016 Arising Out of PS.Case No. -216 Year- 2016 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ====================================================== Jalandhar Kumar son of late Kameshwar Mahto, resident of Sundarpur, P.S. Katri Sarai, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar Tiwary For the Opposite Party/s : Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 11-11-2016 Heard both sides.

The petitioner is one amongst the seven accused persons named in the First Information Report vide Laheri P.S. case no. 216 of 2016, registered under Sections 420/34 of the IPC and Section 66 of the Information Technology Act,2000 and prays for grant of bail.

The prosecution case, in nutshell, is that petitioner along with other seeing the police team tried to inter into the house but were apprehended. From the possession of the petitioner one mobile phone and some papers containing mobile numbers was/were recovered. On the self statement of the police, the FIR was lodged alleging that they were involved in cheating the public at large.

Patna High Court Cr.Misc. No.47919 of 2016 (2) dt.11-11-2016 2/3 Contention of the petitioner is that three accused persons besides some other accused persons who were cited as accuseds have since been privileged with bail by a coordinate bench of this Court vide order dated 17.09.2016 passed in Cr. Misc. no. 39123 of 2016 and order dated 03.10.2016 passed in Cr. Misc. No. 42247 of 2016. The petitioner does not carry any criminal antecedents.

Considering the facts and circumstances of the case, this Court is inclined to extend the privilege of bail to the petitioner. Let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Bihar Sharif at Nalanda in connection with Laheri P.S. case No. 216 of 2016, subject to the following conditions:- (i) One of the bailors shall be the own/close family members of the petitioner.

(ii) As soon as the charges are framed the petitioner shall appear in person before the trial Court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail

Patna High Court Cr.Misc. No.47919 of 2016 (2) dt.11-11-2016 3/3 bonds of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Shyam/- U T