Lalit Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9339 of 2016 Arising Out of PS.Case No. -259 Year- 2015 Thana -PHULPARAS District- MADHUBANI ======================================================
1. Lalit Kumar Sah S/o Late Rohit Sah, resident of Village and P.S. Nirmali, District- Supaul.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. B.N.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-05-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with Phul Paras P.S. Case No. 259 of 2015 registered for the offences punishable under Sections 302, 120-B, 201 and 379 of the Indian Penal Code. Allegedly, Arjun Kumar Kamat the son of the informant has given loan to F.I.R. named accused Ramesh Paswan of Rs. 2,50,000/- and for that amount the son of the informant used to make demand from Ramesh Paswan and allegedly, the son of the informant went by bicycle on 12.09.2015 to Nirmali Bazar but thereafter he did not return. During investigation, the wife of deceased, namely, Manju Divi stated the name of the petitioner also that healongwith others has also taken money from her
Patna High Court Cr.Misc. No.9339 of 2016 (3) dt.09-05-2016 2/3 husband and to grab the amount they all have killed her husband. Submission is of false implication and that there is no eye witness of the occurrence, besides suspicion there is nothing against the petitioner, petitioner has got no criminal antecedent, without any legal and tangible material he is suffering in custody 19.12.2015 whereas, Ramesh Paswan has already been allowed bail vide Cri. Misc. No. 13498 of 2016 by another co-ordinate Bench of this Court.
Learned A.P.P. submits that after completion of investigation, chargesheet has already been submitted against the petitioner and others after finding the allegation to be true. In the facts and circumstances stated above, the petitioner, above named, is also 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 Addl. Chief Judicial Magistrate, Jhanjharpur, Madhubani in connection with Phul Paras P.S. Case No. 259 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
Patna High Court Cr.Misc. No.9339 of 2016 (3) dt.09-05-2016 3/3 the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) sushma/- U T