Amit Gaurav @ Daru v. The State Of Bihar
Patna High Court Cr.Misc. No.12722 of 2016 (2) dt.28-03-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12722 of 2016 Arising Out of PS.Case No. -322 Year- 2015 Thana -CIVIL LINE District- GAYA ====================================================== Amit Gaurav @ Daru son of Sri Girijesh Nandan Prasad Singh resident of village Nadaura P.S. Kurtha Dist. Arwal .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Mr. Lakshmi Kant Sharma For the Opposite Party/s Mr. Uma Nath Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 28.03.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Petitioner seeks bail in a case registered under sections 461, 379 of the Indian Penal Code.
Petitioner is not named in the first information report but in course of investigation, he was remanded from Tekari P.S. Case no. 394/2015. The impugned order shows that in spite of several adjournments, prosecution failed to produce case diary of the present case before the court below.
Learned counsel for the petitioner submits that the petitioner was arrested in Tekari P.S. Case no. 394/2015 on the basis of suspicion and one laptop and motorcycle were recovered from possession of the petitioner but the petitioner was granted privilege of bail by this court in Tekari P.S. Case no. 394/2015 vide order dated 8.1.2016 passed in Cr. Misc. no. 723/2016 and while the petitioner
Patna High Court Cr.Misc. No.12722 of 2016 (2) dt.28-03-2016 was about to release from jail custody after completion of legal formality, police took detail of stolen articles of the present case from the informant after five days of the institution of the case and on the basis of the aforesaid detailed list of the stolen articles, petitioner was remanded in the present case.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Gaya in Civil Lines P.S. Case no. 322/2015. shahid (Hemant Kumar Srivastava,J) U T