Praveen Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.48994 of 2015 (3) dt.29-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48994 of 2015 Arising Out of PS.Case No. -69 Year- 2015 Thana -SULTANGANJ District- BHAGALPUR ====================================================== Praveen Kumar Son of Prakash Mandal resident of Village Pithdauri P.s. Sultanganj, District Bhagalpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Indeshwari Prasad Mandal For the Opposite Party/s : Mr. Rana Randhir Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Sultanganj P.S. Case No. 69 of 2015 registered for the offences punishable under Sections 379 and 420 of the Indian Penal Code. Allegedly, two unknown miscreants pick-pocketed the ATM card of the informant and thereafter withdrew amount of Rs. 13,200/-, during investigation the petitioner was caught and at the police station the informant identified him. Submission is of false implication and that police is implicating the petitioner in one case after another, during investigation witnesses have given contradictory statement, the petitioner has not been put on T.I.P. and allegedly he was got identified by the informant at the police station, nothing has been

Patna High Court Cr.Misc. No.48994 of 2015 (3) dt.29-01-2016 recovered from his conscious possession and as such he deserves sympathetic consideration as he is suffering in custody since 7.5.2015.

Learned A.P.P. submits that the petitioner has got criminal antecedent as he is involved in two more cases. In the facts and circumstances stated above, considering that nothing has been recovered from possession of the petitioner and he has not been put on T.I.P. rather he was got identified by the informant at Police Station, and as such 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 the Learned A.C.J.M. Bhagalpur in connection with Sultanganj P.S. Case No. 69 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