Lalan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.54365 of 2016 (2) dt.20-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54365 of 2016 Arising Out of PS.Case No. -347 Year- 2016 Thana -BARAUNI District- BEGUSARAI ====================================================== Lalan Kumar son of Bhola Nishad resident of village - Simariya Ghat Bind Toli, P.S. - Barauni (Chakiya), District - Begusarai..... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s : Mr. Sri Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Barauni F.C.I. P.S. Case No. 347 of 2016 registered for the offences punishable under Sections 457, 380 and 411 of the Indian Penal Code.

Allegedly, the petitioner and co-accused were apprehended when they were trying to flee away after committing theft from the shop of the informant and theft articles were also seized.

Submission is of false implication and that the petitioner is suffering in custody since 26.09.2016, nothing has been recovered from conscious possession of the petitioner, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence to which the learned APP opposes

Patna High Court Cr.Misc. No.54365 of 2016 (2) dt.20-12-2016 by pointing out the alleged recovery from possession of the petitioner.

In the facts and circumstances stated above, the petitioner above named shall be released on bail after completion of six months judicial custody from the date of his remand 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, Begusarai in connection with Barauni F.C.I. P.S. Case No. 347 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