Abhishek Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.55699 of 2016 (2) dt.10-01-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55699 of 2016 Arising Out of PS.Case No. -605 Year- 2016 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Abhishek Kumar, Son of Raj Kishore Singh, resident of Village- Hara Khbora, popularly known as Harakhbara, P.S. Pakaridayal, District- East Champaran at present residing at Mohall- Gayatrinagar, Motihari, P.S.- Motihari Town, Dist.- East Champaran.
.... .... Petitioner
Versus
The State of Bihar.
... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Kumar For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner seeks bail in connection with Motihari Town P.S. Case No. 605 of 2016 registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-B)a, 25/26 of the Arms Act.
Allegedly, the petitioner and others have assembled in the house of co-accused Sachin Kumar to commit crime and from possession of the petitioner one country made Katta and one loaded cartridge besides two other cartridges and mobiles as per seizure list were recovered.
Submission is of false implication and that nothing was recovered from conscious possession of the petitioner, everything has been planted, the petitioner has been made victim of
Patna High Court Cr.Misc. No.55699 of 2016 (2) dt.10-01-2017 circumstances and without any fault he is suffering in custody since 26.09.2016.
Learned APP opposes the prayer of bail.
In the facts and circumstances stated above, the petitioner above named shall be released on bail after completion of six months custody from the date of his remand in this case 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 Chief Judicial Magistrate, Motihari in connection with Motihari Town P.S. Case No. 605 of 2016, 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