Patna High CourtCR. MISC./35261/2015bail granted

Surendra Sah v. The State Of Bihar

2015-11-23Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35261 of 2015 Arising Out of PS.Case No. -213 Year- 2012 Thana -PAROO District- MUZAFFARPUR ======================================================

1. Surendra Sah son of Sita Sah resident of village Fatehabad, P.S. Paro, District Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Arun Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-11-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 363, 365 and 366/34 of the I.P.C At the very out set it has been submitted that in this case co-accused Pankaj Kumar and Mukesh Kumar Sah @ Mukesh Kumar have already been allowed bail vide Cr. Misc. No. 17052 of 2015 by order dated 15.09.2015 by another coordinate Bench of this Court and the petitioner having similar allegation is suffering in custody since 18.03.2015 having no criminal antecedent. Web copy of that order has been filed. The learned A.P.P. is not in a position to distinguish the case of the petitioner from those co-accused.

Patna High Court Cr.Misc. No.35261 of 2015 (3) dt.23-11-2015 2/2 In the facts and circumstances as stated above, the petitioner is also directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. (West) Muzaffarpur in Paroo P.S. Case No. 213 of 2012/ G.R. No. 2406 of 2012, 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) Abhay/- U T