Patna High CourtCR. MISC./47319/2015bail granted

Md. Nehal v. The State Of Bihar

2016-01-25Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47319 of 2015 Arising Out of PS.Case No. -436 Year- 2014 Thana -GARDANIBAGH District- PATNA ======================================================

1. Md. Nehal Son of Md. Kallu resident of Phulwarisharif Ishopur P.s Phulwari Shariff District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Mishra For the Opposite Party/s : Mr. Indu Bala Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-01-2016 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 399, 402, 414 and 120 (B) of the I.P.C and sections 25 (1-b) a, 26 and 35 of the Arms Act. Allegedly, one master key, Samsung mobile and two SIMS of Reliance have been recovered from the conscious possession of the petitioner when the petitioner and others had assembled to make preparation to commit crime. Submission is of false implication and that in this case similarly situated other co-accused, namely, Tenni @ Raja @ Md. Raja @ Teni, Md. Danish and Md. Assaraf Hussain @ Munna @ Ashraf Hussain have already been allowed bail by another

Patna High Court Cr.Misc. No.47319 of 2015 (3) dt.25-01-2016 2/2 coordinate Benches of this Court, to which the learned A.P.P. does not oppose.

In the facts and circumstances as stated above, the petitioner is also 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 the Additional District & Sessions Judge- XII, Patna in S.T. No. 430 of 2015 arising out of Gardanibagh P.S. Case No. 436 of 2014, 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