Shiv Prasad Bind @ Mahesh Bind @ Kunal Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37778 of 2016 Arising Out of PS.Case No. -233 Year- 2015 Thana -SOHSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Shiv Prasad Bind @ Mahesh Bind @ Kunal Bind, Son of Late Brihaspat Bind, Resident of village - Saho Bigha, P.S.- Ghosi, District - Jehanabad .... .... Petitioner

Versus

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

For the Petitioner : Mr. Satish Chandra, Advocate For the Opposite Party : Mr. Sanjay Kumar Sharma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-09-2016 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner seeks bail in connection with Sohsarai P.S. Case No. 233 of 2015 registered for the offence punishable under Section 392 of the Indian Penal Code.

Allegedly, three miscreants entered into the bank in question and at the point of pistol took the key of strong room and looted away Rs. 47,07,250/- from the said bank. During investigation, the name of the petitioner transpired in confessional statement of co-accused Pramod Bind.

Submission is of false implication and that Pramod Bind has already been allowed bail in Cr. Misc. No. 23363 of 2016 vide order dated 26.05.2016, by another Co-ordinate Bench

Patna High Court Cr.Misc. No.37778 of 2016 (2) dt.19-09-2016 2/2 of this Court and the petitioner without any fault, he is suffering in custody since 12.04.2016.

The learned APP submits that the petitioner has got criminal antecedent as he is involved in four more cases. In the facts and circumstances stated above, considering that the petitioner has not been put on T.I.P, nothing has been recovered from his conscious possession and, as such, the petitioner shall 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 Additional Chief Judicial MagistrateIII, Bihar Sharif, Nalanda, in connection with Sohsarai P.S. Case No.233 of 2015, subject to the conditions that one of the bailors must be near relative of the petitioner 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.) ravi/- U T