Lal Mohan Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.231 of 2016 (3) dt.25-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.231 of 2016 Arising Out of PS.Case No. -134 Year- 2011 Thana -MARHAWRAH District- SARAN ====================================================== Lal Mohan Singh son of Late Binda Singh, Resident of village- Morharpur, P.S.- Marhawrah, District- Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Roy, Adv. For the Opposite Party/s : Mr. Murlidhar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Marhowrah P.S. Case No. 134 of 2011 registered for the offence punishable under Section 394 of the Indian Penal Code. Allegedly, Sarveshwar Upadhyaya and five other unknown persons after surrounding the informant and his staff snatched Rs. 2,50,000/- from the informant and also snatched driving license, paper of his shop and mobile of his staff. Submission is of false implication and that the petitioner is not named in the FIR, nothing has been recovered from his possession, the name of the petitioner has come in the confessional statement of co-accused Nanhki Singh and other co-

Patna High Court Cr.Misc. No.231 of 2016 (3) dt.25-02-2016 accused namely, Arbind Singh and Anil Rai have been allowed bail by the learned lower court itself and the case of the petitioner stands on better footing, to which the learned A.P.P. opposes by submitting that during investigation it has come that petitioner was giving the signal and at his signal the occurrence has taken place and further he has got criminal antecedent.

In the facts and circumstances stated above, considering the detention of the petitioner, now he 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 Sri. D. J. Tiwary, learned Judicial Magistrate, 1st Class, Chapra in connection with Marhowrah P.S. Case No. 134 of 2011 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) sushma/- U T