Patna High CourtCR. MISC./51881/2015bail granted

Deepak Sah v. The State Of Bihar

2016-02-23Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.51881 of 2015 (4) dt.23-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51881 of 2015 Arising Out of PS.Case No. -12 Year- 2015 Thana -WEST CHAMPARAN GRP CASE DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Deepak Sah son of Sri Tola Sah, resident of village- Paschimi Kargahiya, P.S.- Bettiah, Muffasil, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Abhay Kumar No. 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Motihari Rail P.S. Case No. 12 of 2015 registered for the offence punishable under Section 379 of the Indian Penal Code.

Allegedly, unknown thief committed theft of ornaments, cash of Rs. 4,000/-, PAN Card and Aadhar Card of the informant. During investigation the petitioner was apprehended in Motihari Rail P.S. Case No. 11 of 2015 wherein he has confessed his guilt regarding his involvement in this crime also and accordingly, he has been remanded in this case, resulting, he is suffering in custody since 20.08.2015.

Submission is of false implication and that the petitioner has not been put on test identification parade, no ornaments,

Patna High Court Cr.Misc. No.51881 of 2015 (4) dt.23-02-2016 documents, cash of the informant was recovered from possession of the petitioner and only on the basis of confessional statement he is suffering in custody to which learned APP 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 Railway Judicial Magistrate, Bettiah, West Champaran in connection with Motihari Rail P.S. Case No. 12 of 2015, 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) avin/- U T