Mahendra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25938 of 2016 Arising Out of PS.Case No. -82 Year- 2016 Thana -SARAI RANJAN District- SAMASTIPUR ====================================================== Mahendra son of Shital resident of Town, P.S. and District- Datia (M.P.) .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 379 and 411 of the Indian Penal Code. Allegation against the petitioner is that he along with another accused snatched Rs. 27,500/- from the pocket of the informant.

It has been submitted on behalf of the petitioner that he is in custody since 5.4.2016. Chargesheet has been submitted against the petitioner. Petitioner has got no criminal antecedent. No allegation of tampering of witnesses is alleged against the petitioner. Petitioner has been made accused due to mistake of fact. Petitioner was dealing in Rudraksh Mala and stones relating to Zodiac sign and informant made an attempt to get Rudraksh Mala free of cost, due to which hot exchange of words took place between them and petitioner was made accused with false allegation. There is no compliance of Section 100 of the Code of Criminal Procedure.

On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the

Patna High Court Cr.Misc. No.25938 of 2016 (3) dt.16-08-2016 2/2 above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Samastipur, in connection with Sarairanjan P.S. Case no. 82 of 2016 with condition that one of the bailors shall be father of the petitioner.

(Sudhir Singh, J) sudip/- U T