Patna High CourtCR. MISC./6608/2016bail granted

Mirtunjay Kumar v. The State Of Bihar

2016-02-25Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.6608 of 2016 (2) dt.25-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6608 of 2016 Arising Out of PS.Case No. -225 Year- 2015 Thana -DAUDNAGAR District- AURANGABAD ======================================================

1. Mirtunjay Kumar Son of Sri Jairam Singh resident of village - Jajapur, P.S. Goh, District - Aurangabad.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Harendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Daudnagar P.S. Case No. 225 of 2015 registered for the offences punishable under Sections 399, 402, 412, 120(B) of the Indian Penal Code. Allegedly, the petitioner and other co-accused were apprehended when they were making plan to commit loot and from possession of the petitioner one mobile was recovered. Submission is of false implication and that the mobile recovered was purchased by the petitioner vide annexure-2, the petitioner has got no criminal antecedent and without any material he is suffering in custody since 28.10.2015 and chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

Patna High Court Cr.Misc. No.6608 of 2016 (2) dt.25-02-2016 Learned APP fairly submits that only one mobile has been recovered from possession of the petitioner. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail 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 S.D.J.M., Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No. 225 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) avin/- U T