Bhola Sao @ Brajesh Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48983 of 2015 Arising Out of PS.Case No. -80 Year- 2015 Thana -SIRDALA District- NAWADA ====================================================== BHOLA SAO @ BRAJESH SAO Son of Suresh Sao Resident of VillageGhat Bakshila P.S. Sirdala District Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gauri Shankar Prasad, Adv. For the Opposite Party/s : Mr. Binod Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-01-2016 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks bail in connection with Sirdala P.S. Case No. 80/2015 registered for the offences punishable under Section 414 of the Indian Penal Code.

Allegedly, one looted country made katta was recovered from conscious possession of the petitioner and further the petitioner and co-accused did not produce paper of the motorcycle. Submission is of false implication and that the seized motorcycle is not stolen property and the petitioner by remaining in custody since 12.05.2015 has been sufficiently penalized. Coaccused Santosh Kumar has already been allowed bail by another co-ordinate bench of this Court vide Cr. Misc. No. 53532/2015

Patna High Court Cr.Misc. No.48983 of 2015 (3) dt.29-01-2016 2/2 and as such the petitioner also deserves sympathetic consideration to which learned A.P.P. did not dispute.

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 Sri Sudhir Kumar, Judicial Magistrate 1st Class, Nawada in connection with Sirdala P.S. Case No. 80/2015, 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.) Rakhi U T