Ekraj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38400 of 2015 Arising Out of PS.Case No. -154 Year- 2015 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Ekraj Son of Md. Nasir Alam Resident of Village-- Nackched tola, P.s Motihari town, District East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-12-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.
The petitioner seeks bail in a case for the offences punishable under sections 413, 414 and 34 of the I.P.C Allegedly, on the basis of confessional statement of the petitioner the house of the petitioner was searched and two Laptops with bags, three old watches, one D.V.D. Video, one Buffar, Laptop charger, black colour of Dish wire, three hammer of different size, one Rinch, one knife, one Cheni, one small T.V and A.T.M. Cards were recovered.
Submission is of false implication and that due to old grudge and village politics the petitioner has been implicated. The
Patna High Court Cr.Misc. No.38400 of 2015 (3) dt.03-12-2015 2/2 police has forcibly got recorded the confessional statement. The house belongs to the father of the petitioner who has also been made accused in this case and he has been allowed bail vide Cr. Misc. No. 24407 of 2015 by order dated 16.07.2015 by another coordinate Bench of this Court and the petitioner is suffering in custody since 07.03.2015.
The learned A.P.P. opposes prayer for bail.
In the facts and circumstances as stated above, considering that the petitioner has remained in custody for about nine months and as such he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Motihari, East Champaran in Motihari Town P.S. Case No. 154 of 2015, 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) Abhay/- U T