Binay Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.20447 of 2016 (3) dt.30-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20447 of 2016 Arising Out of PS.Case No. -84 Year- 2016 Thana -MASRAKH District- SARAN ======================================================

1. Binay Kumar S/o Sri Mahesh Prasad Singh, Resident of Village- Arna Purab, P.s.- Masrakh, Dist- Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Basant Kumar Singh, Advocate For the Opposite Party/s : Mr. Nand Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-06-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Masrakh P.S. Case No. 84 of 2016 registered for the offences punishable under Sections 413 and 414 of the Indian Penal Code. Allegedly, from the Varandah of the house of the petitioner one Hero Honda Splendor Pro and mobile were recovered for which no paper was shown and further on the basis of disclosure made by the petitioner, other co-accused were apprehended and from their possession also stolen motorcycles were recovered and accordingly, petitioner was remanded. Submission is of false implication and that other coaccused, namely, Uday Bahadur Ray , Anil Singh and Guddu

Patna High Court Cr.Misc. No.20447 of 2016 (3) dt.30-06-2016 Singh have already been allowed bail and from their house also motorcycles were recovered and petitioner is suffering in custody since 11.03.2016.

The learned A.P.P. opposes the prayer of bail but fairly submits that petitioner has got no criminal antecedent. In the facts and circumstances stated above, the petitioner, above named, shall be released on bail after completion of six months in 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 CJM, Saran at Chapra in connection with Masrakh P.S. Case No. 84 of 16 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