Patna High CourtCR. MISC./5751/2016bail granted

Md. Aslam @ Juhi v. The State Of Bihar

2016-02-17Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.5751 of 2016 (2) dt.17-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5751 of 2016 Arising Out of PS.Case No. -163 Year- 2015 Thana -PATLIPUTRA District- PATNA ======================================================

1. MD. ASLAM @ JUHI Son of Md. Nabab Jan Village - Saruta Ratanpura , P.S - Gayghat , District - Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Prasad Singh For the Opposite Party/s : Mr. Rajeev Nayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Patliputra, P.S. Case No. 163 of 2015 registered for the offence punishable under Section 379 of the Indian Penal Code. Allegedly, some unknown thief committed theft of white colour Swift VXI car having registration no. BR24N 1254 which was brought by the informant from his friend. During investigation the petitioner was apprehended with allegation that he is the member of gang of car lifter and thereafter he confessed his guilt.

Submission is of false implication and that nothing has been recovered from possession of the petitioner and only on

Patna High Court Cr.Misc. No.5751 of 2016 (2) dt.17-02-2016 the basis of confessional statement he is suffering in custody since 21.7.2015.

Learned A.P.P. after going through the impugned order fairly submits that the petitioner has confessed his guilt. In the facts and circumstances stated above, the petitioner 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 Shri Sushant Ranjan J.M. 1st Class, Patna, in connection with Patliputra P.S. Case No. 163 of 2015 subject to the conditions that one of the bailors must be 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) siddharth/- U T