Mritunjay Singh @ Bauni @ Bauni Singh @ Mritunjay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55713 of 2016 Arising Out of PS.Case No. -166 Year- 2016 Thana -BAHADURPUR District- PATNA ====================================================== Mritunjay Singh @ Bauni @ Bauni Singh @ Mritunjay Singh, Son of Sri Arvind Singh, Resident of Mohalla- Bahadurpur Bagicha, Police StationBahadurpur, District- Patna. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Part ====================================================== Appearance :
For the Petitioner : Mr. Shailendra Kumar Jha, Advocate For the Opposite Party : Mr. Nirmal Kumar Sinha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner seeks bail in connection with Bahadurpur P.S Case No. 166 of 2016 registered for the offences punishable under Section 414 and 420 of the Indian Penal Code. Allegedly, from premises of the petitioner one Apachy motorcycle was recovered and from the right pocket of the petitioner the key of the motorcycle was recovered, and on demand the petitioner did not produce any paper for that motorcycle and it is alleged that motorcycle was stolen one. Submission is of false implication and that due to dirty village politics and rivalry he has been implicated. The petitioner has taken the motorcycle from his neighbour for brining
Patna High Court Cr.Misc. No.55713 of 2016 (2) dt.11-01-2017 2/2 some household articles and in the meantime the said motorcycle was seized. The petitioner has not stolen the said motorcycle hence, the offence as alleged is not made out. The petitioner is suffering in custody since 11.10.2016 without any fault and, as such, he deserves sympathetic consideration.
Learned A.P.P. opposes the prayer of bail.
In the facts and circumstances stated above, the petitioner shall be released on bail after completion of 06 (six) months in custody on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction learned A.C.J.M., Patna City, in connection with Bahadurpur P.S. Case No. 166 of 2016, 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.) Rajiv/- U T