Jitendra Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5900 of 2016 Arising Out of PS.Case No. -15 Year- 2013 Thana -GAYA MUFFSIL District- GAYA ======================================================

1. Jitendra Kumar Sinha S/o Shri Suresh Prasad, R/o Village Hasanpur, P.S. Rajgir, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar Gupta, Advocate For the Opposite Party/s : Mr. Shailendra Kr.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offences punishable under Section 394 of the I.P.C.

The Petitioner is not named in the First Information Report and from the impugned order it appears that in course of investigation the name of the petitioner surfaced and subsequently the petitioner is said to have confessed his guilt. Submission is of false implication and that the petitioner has not been put on Test Identification Parade, nothing has been recovered from his possession and in this case similarly situated co-accused Shatrughan Bharti @ Raju @ Sharodhan Bharti has been allowed bail by order dated 27.1.2016 vide Cr.Misc.No.2361

Patna High Court Cr.Misc. No.5900 of 2016 (2) dt.18-02-2016 2/2 of 2016 and as such the petitioner also deserves sympathetic consideration, to which the learned A.P.P. does not dispute. 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 the learned Chief Judicial Magistrate, Gaya in connection with Mofassil P.S. Case No.15 of 2013, 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) Narendra/- U T